Right to forgetfulness: a juridical analysis of current jurisprudence of the court of federal district and territories

Authors

  • Júlio Edstron Santos Catholic University of Brasília - UCB / DF
  • Diaulas Costa Ribeiro Catholic University of Brasília - UCB / DF
  • Maria Sariane de C. Sousa Catholic University of Brasília - UCB / DF

DOI:

https://doi.org/10.5433/1980-511X.2018v13n1p291

Keywords:

Right to oblivion, Right to be forgotten, Right to information, Collision of fundamental rights, Jurisprudence of the TJDFT.

Abstract

This article addresses the conflict between the right to oblivion and the right to information, especially in the Federal District and Territorial Court judgments, in order to analyze how this matter is being discussed and what grounds and considerations used for its solution. In this way, the research was carried out by means of a bibliographical revision on the fundamental rights, seeking to emphasize the connections of the principle of the dignity of the human person with the concept of the right to forgetfulness. Finally, a summary of the judgments was made, revealing the criteria for weighing each case to resolve the conflict, seeking to establish to what extent the degree of achievement of one justifies the sacrifice of the other, both having the same constitutional relevance . We emphasize that in this research we used the bibliographic review methodologies and relevant case studies.

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Author Biographies

Júlio Edstron Santos, Catholic University of Brasília - UCB / DF

Doctorate in Law by UniCEUB. Master in International Economic Law by UCB / DF. Professor of the undergraduate courses in Law and International Relations and UCB / DF specialization. Member of the research group Núcleo de Estudos e Pesquisas Avançados do Third Sector (NEPATS) of UCB / DF and Law and Religion, Uniceub Public Policies.

Diaulas Costa Ribeiro, Catholic University of Brasília - UCB / DF

He holds a degree in Law from the Faculty of Law of the Federal District, currently UniCEUB - Centro Universitário de Brasília (1985), Doctorate in Law from the Universidade Católica Portuguesa, Lisboa (2002). Doctor's degree revalidated by the Federal University of Pernambuco (UFPE) on May 11, 2004. Post-Doctorate from the Universidad Complutense de Madrid, Spain (2004). Former Coordinator of the Law Undergraduate Program and the Stricto Sensu Postgraduate Program in Law (MSc) at the Catholic University of Brasilia, where he was also a professor at the Medical School. Judge of the Court of Justice of the Federal District and Territories. Former Attorney General of the Public Ministry of the Federal District and Territories.

Maria Sariane de C. Sousa, Catholic University of Brasília - UCB / DF

Graduated in Law by UCB, member of the Nucleus of Studies and Advanced Researches of the Third Sector.

Published

2018-04-27

How to Cite

Santos, J. E., Ribeiro, D. C., & Sousa, M. S. de C. (2018). Right to forgetfulness: a juridical analysis of current jurisprudence of the court of federal district and territories. Revista Do Direito Público, 13(1), 291–337. https://doi.org/10.5433/1980-511X.2018v13n1p291

Issue

Section

Artigos