O julgamento do recurso extraordinário 1.010.606/RJ à luz da teoria da memória: a incompatibilidade do direito ao esquecimento com a Constituição Federal e a garantia do direito à memória

Abstract

The central idea of the work is to discuss the importance of memory, analyzing the conflict between the right to be forgotten and the right to memory in Extraordinary Appeal No. 1,010,606/RJ judged by the Federal Supreme Court. The right to be forgotten would consist of an individual claim, while the right to memory would represent a collective issue linked to fundamental rights. In that regard, public interest and private interest are at odds. From the method of bibliographical research, the judgment is examined in the light of the work of Walter Benjamin, and its application in the Brazilian reality. In view of the decision handed down by the STF, regarding the incompatibility of the right to be forgotten with the Federal Constitution, was consolidated understanding that has contributions to the application and guarantee of the memory. Thus, the discussion of the theme is essential for understanding the present rationally