THE RIGHT TO FORGETTEN AND THE RIGHT TO DIGITAL INFORMATION: REFLECTIONS FOR NOT IMPACTING THE PERPETUAL CHARACTER

Abstract

Amidst the constant technological changes that have given rise to new channels of communication on the Internet, through social networks, magazines and electronic newspapers, among many others, it is necessary to raise reflections about the guarantee of constitutional rights to the personality, especially the right to forgetfulness. In 2013, this right in a digital environment was more expressly recognized, given the concern to dignify to defendants who have already served their sentences in criminal proceedings, or who have been acquitted of them, that they can regenerate and go about their lives without the stigma of such. fact, and can be reinserted in society. Due to the feedback of data in Internet search engines, information on criminal cases that these people answered tend to be perennial in a virtual environment, focusing on judicialization of such issues, so that court decisions are issued to exclude access links that link their names to such past criminal demands. However, it is debated whether such decisions would represent judicial censorship on the grounds of constitutional rights to information and freedom of expression without restriction. Through jurisprudential research it was found that the analysis is necessary on a case by case basis, so as not to hypertrophy the right of printing, suppressing the right to forget.