Protection of personality in the digital environment: an analysis in the light of the case of the so-called Right to be Forgotten in Brazil

• Autor(a) principal: Sarlet, Ingo Wolfgang
• Data de Publicação: 2018
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Espaço Jurídico/Espaço Jurídico Journal of Law
• Texto Completo: https://periodicos.unoesc.edu.br/espacojuridico/article/view/17557
• topic: Personality rights; Internet; Right to be forgotten; Brazilian Superior Courts; Direitos de personalidade; Internet; Direito ao esquecimento; Tribunais superiores brasileiros

Personality rights are particularly vulnerable within the context of the so-called digital age, mostly because of the impact of increasingly sophisticated information technologies. At the same time, the Law has been submitted to probation as a regulatory framework, more and more challenged in its capacity to provide answers with necessary efficacy and speed. One of the most significant concern, also in the Brazilian case, is how to deal with the traditional (but still relevant) clash between fundamental freedom of speech and information in face of personality rights, with outstanding importance to the controversy regarding the recognition of the so-called right to be forgotten. Based on the premise that the right to be forgotten might be justified as an implicit fundamental right in the Brazilian constitutional order, this paper aims, through a critical analysis of the Superior Court’s rulings, to discuss and assess the most significant aspects related to the content and limits of the right to be forgotten on the internet as well as the criteria adopted to apply such right in practical cases.