RIGHT TO FORGETFULNESS: THE APPLICATION OF LEGAL GUIDELINES AND THE INDISPENSABILITY OF PERSONALITY RIGHTS AND FREEDOM OF EXPRESSION

Abstract

This study’s purpose is to analyze the application of the right to forgetfulness in legal guidelines under the focus of the collision of fundamental rights, considering the constitutional limits that challenge the practice of this guarantee, to be resolved through the weighting rule. In order to promote materiality to this discussion, two cases were raised that deal with the question analyzed, the first being paradigmatic with regard to this agenda and the second, arising from a recent judgment by the Superior Court of Justice. It concludes with the perspectives of the referred law with the Brazilian legal system in line with the Information Society, punctuating paths to be taken into account the search for the balance between the preservation of human dignity, the foundation of the Democratic Rule of Law and the guarantees to freedoms communicative.