RIGHT TO OBLIVION X COMMUNICATION FREEDOM

Abstract

The object of this article is of practical and legal relevance. This will seek to make some comments regarding the topic of the right to be forgotten and the right to freedom of information, as well as analyzing whether there is a preponderance of the former over the latter, and whether this could lead to unconstitutionality, given that in the Brazilian legal system the rule is that there is no hierarchy between principles or rights. The right to be forgotten is an institute linked to the right to personality, which aims to protect the individual regarding their intimacy and private life, that is, it is the right not to be remembered against their will, specifically with regard to discrediting facts, given that the protection of human dignity in the information society includes the right to be forgotten. To support the eventual application of the right to be forgotten, specific case situations will be analyzed applying objective criteria, with the aim of preventing fundamental rights such as freedom of thought, expression and press from being unduly restricted. To prepare this study, available means were used, such as bibliographical consultations, jurisprudence articles on the issues analyzed before the Courts, as well as electronic research. Taking into account the importance.