O direito ao esquecimento: uma análise sobre o tema 786 do Supremo Tribunal Federal

Abstract

This scientific article will address the historical evolution of the concept of right to be forgotten up to the present digital era and the Federal Supreme Court's understanding of the topic. Through a bibliographical review and case analysis, it will be possible to understand how the right to be forgotten emerged as a legal response to those who wish to remove from the world wide web information or personal data that they deem to be no longer pertinent to the factual context of the present. In this way, the effectiveness of the right to be forgotten as a guarantor of the protection of the rights to privacy and intimacy will be analyzed. In disagreement with international jurisprudence, the Federal Supreme Court decided, through Theme 786, the following title: “Applicability of the right to be forgotten in the civil sphere when invoked by the victim himself or his family”. In the understanding of the Supreme Court, the thesis defended was that the right to be forgotten is incompatible with the Federal Constitution and possible excesses or abuses in the exercise of freedom of expression and information must be analyzed on a case-by-case basis. Based on the understanding of the right to be forgotten, the effects and impacts of the Federal Supreme Court's decision will be analyzed, that is, whether the decision on Theme 786 brings more positive or negative points to the Brazilian legal system.