O direito ao esquecimento em âmbito nacional: um estudo à luz da declaração de incompatibilidade com o regime constitucional

Abstract

The article in evidence presents an overview of the right to be forgotten at the national level, under the perspective of personality rights, in order to analyze the recent decision of the Supreme Court to declare it incompatible with the constitutional regime. Therefore, a bibliographical study is carried out regarding the historical context of the right to be forgotten, both in the sphere of the Brazilian legal system, and jurisprudential studies, as well as international decisions on the subject. It also includes a brief explanation of the right to be forgotten as part of personality rights, making a comparison with freedom of expression, information and the press. In this sense, it needs to portray the theory of conflict resolution between constitutional norms, despite the balance between principles and their factual and legal foundations. It aims to bring up, therefore, the question on what grounds underpinned the recent unconstitutionality decision on the right to be forgotten.