The right to forgetfulness as a form of biopower

• Autor(a) principal: Jorge, Carlos Henrique Miranda
• Data de Publicação: 2023
• Outros Autores: Dias, Jefferson Aparecido, Ferrer, Walkiria Martinez Heinrich
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Jurídica Cesumar - Mestrado (Online)
• Texto Completo: https://periodicos.unicesumar.edu.br/index.php/revjuridica/article/view/8800
• topic: Biopower; Biopolitics; Right to Forgetfulness; Biopower; Biopolítica; Derecho al olvido; Biopoder; Biopolítica; Direito ao Esquecimento; Direito ao esquecimento

This paper deals with two themes that are contemporary and of paramount importance to the everyday life of the population, especially the legal environment. It is based on the study of the philosopher Michel Foucault to demonstrate the various forms of power that were used throughout history and put into practice within the population. In order to do so, in the first part of this paper it became necessary to study the terms Governmentality, Biopower and Biopolitics to designate the means used by the rulers within their subjects through analogies with regimes that existed and its consequences. In the second part of this study, we sought to understand a subject that has been discussed in our courts and generated many controversies, the Right to Forgetfulness, a topic that has been gaining increasing recognition in legal circles, studying its relationship with the Principle of the Dignity of the Human Person, as well as a brief study on freedom of information, of speech and of press. Subsequently, we sought a brief analysis of the Personality Rights; among them, the constitutionally protected ones, such as honor, image, private life and intimacy, ending with its possible use by the ruling class as a way of using it so that previous information that might cause any harm to its political reputation would be erased from all media under the pretext of protecting intimacy. The research method that has been used is deductive-inductive, developed through bibliographical research and scientific articles.