Title: O DIREITO AO ESQUECIMENTO NA INTERNET: CONCEITO, APLICAÇÃO E CONTROVÉRSIAS
Abstract:The "right to be forgotten" is not a right that arises with the advent of the Internet.Nonetheless, the increasing number of users that accesses the net and the development of new technologies leverag...The "right to be forgotten" is not a right that arises with the advent of the Internet.Nonetheless, the increasing number of users that accesses the net and the development of new technologies leveraged the dissemination of its concept.A number of events increased the awareness of this topic, such as the recent reform of the General Data Protection Regulation of the European Union, and the Google Spain and Inc. vs. AEPD and Mario Costeja González case, appreciated by the Court of Justice of the European Union (CJEU).Regarding the controversies that arises with this theme, especially with the CJEU decision, the present work has the objective of discussing the challenges of the "right to be forgotten".It will explore the origin of its concept until its application to the Internet context, questioning what in fact is such right, the legal basis that such right is justified and the obligations arising therefrom.Furthermore, cases of the "right to be forgotten" that were judged in Argentina, Colombia and Peru will be analyzed in order to identify how such right is being appreciated within Latin America.Following this, the jurisprudence of the present subject of the STJ and six State Justice Courts (TJRJ, TJSP, TJDFT, TJPR, TJPB, TJAM) are to be discussed.Moreover, in order to better understand the Brazilian perspective, the national legislation drafts that aim to regulate the "right to be forgotten" will also be reviewed.Finally, we are going to stress the following hypothesis: is it necessary to invoke the existence of the "right to be forgotten" in Brazil or is it possible to guarantee protection of claims that use such designation with rights that are already foreseen in the local legal system?Read More