Os desafios de um possível método para proteger o direito ao esquecimento quando em conflito com a liberdade de expressão nos meios veiculadores de informação

Abstract

The present study focuses on the weighting in the conflict of norms, more specifically between the freedom of expression of the media and the right to oblivion, inserted as a right to human dignity. Both rights are of paramount importance for the protection of the human being and must coexist harmoniously. However, in some situations the right of expression of communicative means violates the right to forgetfulness by maintaining the disclosure of a past fact detrimental to the person affected by a long time lapse, which affects the dignity of the victim. For this reason, the Federal Supreme Court tried to apply the weighting to the solution of these situations, but the technique was misused. Thus, the first chapter of the study aims to define forgetfulness and build the path of its construction as a right, supporting it in the dignity of the human person, as well as making an analysis of its protection in the Brazilian legal system. The second chapter deals with the clash between the right to forgetfulness and freedom of expression, and points to pondering as a method to try to achieve a co-application of norms on the screen, even in the face of technological evolution as a hindrance to the question. Finally, the third chapter aims to understand the concept of weighting, in addition to specifically addressing how to apply the weighting, through the jurisprudence study of the Federal Supreme Court. Finalizing with the challenges of possible consideration, and criticizing such method of court judgment.