Direito ao esquecimento: a sua aplicabilidade sob a ótica de casos de grande repercussão midiática no Brasil

Abstract

The right to be forgotten involves the possibility for an individual to request the removal of outdated, irrelevant or harmful personal information that is available on search platforms and other media, as long as there is no public interest that justifies the maintenance of this data. Therefore, the question arises: from the perspective of cases of great media repercussion in Brazil, and concerns about the individual integrity of those involved, in light of fundamental rights, is it possible to apply the right to be forgotten? Therefore, this paper also addresses, firstly, the concepts and role of the right to be forgotten, as well as the existing doctrinal and jurisprudential controversies on the topic. Then, a discussion is built about the conflict between the right to information and freedom of expression in the face of the rights to privacy and intimacy. The last chapter, in turn, is specifically dedicated to identifying the possibility of the applicability of the right to be forgotten in relation to cases of greater national visibility, highlighting four distinct cases: Doca Street Case, Chacina da Candelária Case, Aída Curi Case and Case Xuxa. The development of the research takes place using the bibliographic method, aiming to find an enlightening line of thought on the problem addressed.