COMPATIBILIDADE DO DIREITO AO ESQUECIMENTO EM SUA VARIANTE EUROPEIA COM O DIREITO BRASILEIRO
COMPATIBILIDADE DO DIREITO AO ESQUECIMENTO EM SUA VARIANTE EUROPEIA COM O DIREITO BRASILEIRO
-
DOI: https://doi.org/10.22533/at.ed.810122616062
-
Palavras-chave: Direito ao esquecimento. União Europeia. Proteção de dados.
-
Keywords: Right to be forgotten. European Union. Data protection.
-
Abstract: This study aims to assess the compatibility of the right to be forgotten (RTBF), as conceived and applied in the European Union’s legal system, with the right to freedom of expression and with the Brazilian legal system in general, in light of academic literature and European and Brazilian case law. It is argued that the RTBF is compatible for three reasons: (a) since its creation, it has been applied with a limited scope; (b) it is a principle, not a rule, applicable to case-by-case analysis; and (c) it does not entail the deletion of the information itself, but only the de-indexing of the URLs that lead to it.Taking into account the recent case law of the Superior Court of Justice (STJ), which makes exceptions to the decision of the Federal Supreme Court (STF) in General Repercussion Topic 786, this study concludes that the RTBF is compatible with freedom of expression and with Brazilian law, as conceived in the European legal tradition.
- Leonardo Neves de Albuquerque