O HE RIGHT TO FORGETFULNESS: legal and social issues
Abstract
This article aims to hold a brief discussion on the "right to forgetfulness", a new term to explain the right of the individual not to have publicity, that is, exposure of past events specific to his life. To carry out this article was conducted a bibliographic survey that served as the basis for the discussion and rationale on the subject in Brazil, we sought concrete cases that cover the right to forget or that are related to it, specifically in processes of requests for erasure of records on the Internet, researching judgments in which the applicants called for the records on certain facts to be erased and no longer be recovered or disclosed. A research was adopted as a methodological strategy on the websites of the Supreme Federal Court (STF) and the Superior Court of Justice (STJ). Finally, the authors bring the discussion that involves the right to privacy in contrast to the right to freedom of expression questioning to the extent that it is possible to affirm that people have the right to be forgotten and to what extent it is possible to preserve individuality in relation to the collectivity.
Downloads
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Authors retain the copyright and grant the journal right of first publication, with the work is simultaneously licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License, which allows sharing the work with recognition of its authorship and initial publication in this journal.
Authors are authorized to assume additional contracts separately, for non-exclusive distribution of the version of the work published in this journal (eg, publishing in institutional repository or as a book chapter), with acknowledgment of authorship and initial publication in this journal.
The author declares to be responsible for the originality, uniqueness and currency of the article content, by means of complete references to all consulted sources.
Each author grants to the LexCult Journal permission to evaluate, normalize, edit and publish the submitted article, in an unprecedented way.
Plagiarism cases and self plagiarism will not be accepted under no circumstances. The plagiarist will be prohibited to publish in LexCult Journal for 5 years.
The copy, in full or to some extent, of an article published in LexCult Journal will be allowed as long as the source (author and Journal) is informed, being forbidden the commercial use and the production and distribution of derivative works. In case the exclusivity clause is broken, the submission will be filed and the author will be prohibited to publish in LexCult Journal for 5 years, without bringing any civil actions provided by national law.
The author is aware that:
a) Submissions may be rejected if the journal's Editorial Board, responsible for evaluation and article selection, does not consider it pertinent for publication, whatever may be the well-justified reasons;
b) Editors reserve the right to modify the submitted manuscript - without any content alteration - in view of its normalization and adaptation to the publication norms.
