A teoria do esquecimento a partir da vigência da Lei nº 13.709/2018 (LGPD)

Abstract

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.