A (in)constitucionalidade do direito ao esquecimento no Brasil: análise do RE 1010606 do STF

Abstract

The present work deals with an analysis of the decision of the STF in the Recurso Extraordinário 1010606, on the right to be forgotten, more precisely the Aída Curi case. For this analysis to be effective, it is necessary to understand not only the decision itself, but the entire spectrum of law that involves it, such as the origins of the right to be forgotten in personality rights, how these rights fit into the Civil Code and what were the main international influences for Brazil in this regard. It is also extremely important that the right to be forgotten be dissected and studied, both in its general environment and specifically on the internet, where most of the discussion takes place. Finally, a critical analysis of each minister's vote regarding RE 1010606 is made, showing the points for and Against it that led to the known result.