Abstract

BOCHENEK, Antônio César  and  GONCALVES, Audrey Kramy Araruna. THE RIGHT TO FORGETTING IN THE MEDIA: JURISPRUDENCE’S ANALYSIS OF STJ AND STF. Revista Internacional CONSINTER de Direito [online]. 2022, n.14, pp.273-288.  Epub Sep 06, 2022. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00014.11.

The aim of this article is analyze the receptivity or not of rights to be forgotten in media by the Brazilian superior courts, through studies of cases judged by Superior Court of Justice and Supreme Court. The right to be forgotten, consisting in possibility of prohibiting broadcast of true news after a long time since the occurrence of facts. There is no provision in Brazilian law and Judiciary is competent to analyze its compatibility with the federal Constitution. The relevance of theme is expanding due to expansion of communication vehicles and instantaneous sharing of information on world wide web. Revival of past facts can cause damages to those involved and threaten the rights to image. The methodology adopted was jurisprudencial research in Superior Courts. The decisions from STJ in REsp 1.334-097-RJ (case “Chacina da Candelária”), REsp n. 1.335.153-RJ (case “Aída Curi”) and REsp 1.736.803-RJ (case “Daniela Perez”), considered most emblematic, and decision of Extraordinary Appeal n. 1.010.6050 (case “Aída Curi”) from STF. As a result of research it was verified that the apparent conflict between constitutional right to freedom of expression and personality rights is the central subject of Supreme Court decision in Extraordinary Appeal n. 1.010.6050, which recognizes unconstitutionality of the required right to oblivion for infringe public interest of having access to information, excepted of the possibility of a case analysis, based on constitutional principles such as personality rights and human dignity. The judgment, with a General Repercussion character, generated Theme 786.

Keywords : Right to be forgotten; Federal Court of Justice; Theme 786; Personality law; Freedom of expression; Aida Curi case; Unconstitutionality; Censorship.

        · abstract in Portuguese     · text in Portuguese     · Portuguese ( pdf )