Direito ao esquecimento perscrutando a história e os fundamentos da incompatibilidade inconstitucional

Abstract

This work focused on discussing the Right to be forgotten. However, specifically, it starts from the historical perspective to understand the various situations that gave rise to the theme. Thus, there is an investigation about the emergence of the right to be forgotten in the world and in Brazil. Based on the investigation, we come to an analysis of the various foundations that once legitimized the aforementioned right in the country. Overcome, we proceed to the study the RE 1010606-RJ, where the general repercussion was fixed, generating a discussion about a constitutional incompatibility. After all the study, it appears that there are no trends towards the protection and recognition of the Right to be Forgotten in Brazil. The main objective of this work is to study and understand how the referred right arose and how we started from its recognition by statement 531 of the CJF/STJ to the possible unconstitutionality before the STF, that is, the path from recognition to constitutional incompatibility.