Navegando por Assunto "Direito ao esquecimento digital"

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A teoria do esquecimento a partir da vigência da Lei nº 13.709/2018 (LGPD)
(Centro Universitário do Estado do Pará, 2020) Pires, Theo Carlos Flexa Ribeiro; Mendes Filho, Sérgio Fiuza de Mello; http://lattes.cnpq.br/8831943449726262
This article deals with topics concerning personality rights, specifically the ability of a person to decide whether a voluntary collective data forgetting related to his life would take place, in a reality of storage technology and information access massification through the Internet, working as a fine line between the confrontation of the right to protect our own privacy versus the freedom of speech, the freedom of the press and the free access to information. Initially, it will deal with the historical approach to the right to forget, its characteristics and origins. Then will focus on the consequences of technological advances in law studies and in life control in our society. Based on these criteria, the General Law for the Protection of Personal Data will be introduced, with a synthesis of its characteristics, concepts adopted and epistemological principles, mainly in the most relevant sections to the subject and if it can be considered as an advance for the consolidation of the right to be forgotten in our country. Finally, examples of jurisprudence from the Superior Courts on the subject are presented, giving an insight into their most recent understandings.
O direito ao esquecimento enquanto direito fundamental e sua aplicação no ambiente virtual
(Centro Universitário do Estado do Pará, 2019-06-18) Carvalho, Caio Matheus de Santana; Freitas, Juliana Rodrigues; Bastos, Elísio Augusto Velloso
The present study have as goal analyze the form which the Right to be Forget has developed inside the doctrine, as well as show how your application was formulated in the digital environment, and how the idea of informal self-determination could help to minimize the inherent risks of the internet, and provide a major data control by individuals. Therefore, will be analyzed the jurisprudence, in particular, the google spain case; and the normative devices related. The relevance of this academic research is to foment the academic debate about the Right to Be Forget in digital environment, owing to it’s aplication has already been recognized by the superior courts, however, in face of legislative omission, there are no discretion for it’s application.