Sobre a (in)compatibilidade do direito ao esquecimento com a ordem constitucional brasileira: críticas ao Tema 786 do Supremo Tribunal Federal

Abstract

This study aims to analyse the legal instruments available to the national legislation regarding the protection of the rights of personality, ascertaining that the right to oblivion falls within this classification, aiming to foster the debate about the thesis signed by the Supreme Court through the "Theme 786". Seeking to achieve such objectives, this study is based on descriptive research method, in relation to the judgment given by the Supreme Court in the case RE 1.010.606/RJ, explanatory, regarding the historical-legislative support of the right to be forgotten, and the deductive approach method, besides bibliographic and documental technics, respecting the investigation of the theoretical e jurisprudential framework already established on the subject. Finally, it is concluded that the Brazilian constitutional order includes forgetfulness as an exponent of personality and even has legal provisions that support its fundamental core, and it is yet pertinent to think about the development of technical literature on the subject, as well as that the thesis signed by the Supreme Court should not serve as an instrument of jurisprudential generalization, applying, as the case may be, the corools of privacy and intimacy.