THE RIGHT OF FORGETFULLNESS IN INFORMATION SOCIETY

Abstract

In the face of the information society, featured by the right to freedom of information, expression and
the press, as well as the ease and speed of reaching the new media, the news are quickly spread. It
happens that, in the case of news that deals with negative acts practiced or suffered in the past, the
mentioned individual is constantly expose to a fact that might cause him suffering and disorder, being
disrespected his right to intimacy, honor and image. In this way, the right to information is not absolute,
and is in conflict with the private right of personality. From this issue arises the to right to be forgotten,
as a kind of personality rights guaranteed by the Federal Constitution (Section 5.X), and recently
recognized by the Enunciation 531 of the Sixth Civil Law Conference of the CJF that indicates the
protection of the human person dignity in the society of information should be included the right of
forgetfulness. The right to be forgotten appears in the obstruction of the old news dissemination that
can cause discomfort and unrest of those they treat, bringing to the present moments already
overcome and arousing public interest for crimes that was already been paid, thus generating
suffering in duplicity for the individual and difficulty for their resocialization. Faced with this problem,
the study will be extremely important for the analysis of how the issue have been treating in Brazil
and the world, seeking a resolution to the conflict between the right to freedom of the press and the
right of forgetfulness. The methodology used was establish in the literature review and presentation
to study relevant cases.
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