Trabalho de Conclusão de Curso de Graduação
O direito ao esquecimento e o tema 786 do STF: (in) compatibilidade com a autodeterminação informativa
Fecha
2023-07-11Registro en:
BÜRKLE, N. M. O direito ao esquecimento e o tema 786 DO STF: (in) compatibilidade com a autodeterminação informativa. 2023. 59 p. Trabalho de Conclusão de Curso de Graduação em Direito - Universidade Federal de Santa Maria, Santa Maria, RS, 2023.
Autor
Bürkle, Nadine Maron
Institución
Resumen
Communication and information technologies have undergone profound changes
with technology advancements, as well as the society. As a consequence, new legal
solutions were proposed, among them the adoption of the right to the protection of
personal data as a fundamental right and the elaboration of the General Data
Protection Law (LGPD), which has as one of its principles informational
self-determination, or namely, the right of each individual to control their personal
data. Otherwise, the right to be forgotten consists of preventing the disclosure of
information due to the loss of public interest resulting from the passage of time. This
right has at its core the guarantee of the individual's self-determination, in order to
ensure their personality rights. The Brazilian Federal Supreme Court (STF), through
Thesis 786, understood that the right to be forgotten is not compatible with the
Brazilian Federal Constitution. In this context, it is questioned: to what extent the
understanding of Federal Supreme Court Thesis 786, which affirms the
incompatibility of the right to be forgotten with the Brazilian Federal Constitution,
harmonizes with the informative self-determination made possible by the General
Data Protection Law (LGPD)? For this, the deductive method of approach is used,
since general assumptions are analysed, namely the General Data Protection Law
and STF Thesis 786, to reach a specific conclusion. The method of procedure
applied is the comparative, and the research techniques used are bibliographical and
documental research. The analysis of the votes demonstrates that the arguments
used by the STF Justices defend the unconstitutionality of the right to be forgotten,
since it offends the right to freedom of expression, being the case of prior censorship,
since it limits access to information of public interest. In the final considerations, it is
conceived that the STF's understanding undermines the harmonization of
fundamental rights, as well as inadequately defines the right to be forgotten. This,
added to the non-application of the LGPD in the processing of personal data for
journalistic and artistic purposes, restricts the right to informative self-determination
and other personality rights.