Incompatibilidade do direito ao esquecimento com a Constituição Federal e seus impactos na honra e imagem dos indivíduos absolvidos em processo criminal

Abstract

This work is dedicated to study the institute of the right to be forgotten in the brazilian legal system, through an analysis of the decision of the Extraordinary Appeal 1.010.606 and it is implications on the personality rights of individuals which went through the due process of law and were acquitted, and yet see your image and name posted on social media linked to the criminal event. The right to be forgotten was born from Criminal Law, seeking the resocialization of criminals, and expanded into other branches, demonstrating that the pretension of being forgotten is linked to several areas of civil life, mainly with the advent of the internet. Through bibliographical research, as well as the analysis of national and international jurisprudence, in addition to national legislation, it is perceived that the right to be forgotten often collides with freedom of expression, so a balance of these rights becomes imperative, from the perspective of human dignity. In response to the analyzes that will be mentioned in the present work, it is clear that the right to be forgotten does not prevent the freedom to inform, and neither aims act as a right to censorship, on the contrary, it seeks that the information conveyed respects individuals and allows everyone to have a guaranteed right to resocialization.