THE PROCEDURAL PROTECTION OF DATA DE-INDEXING IN INTERNET SEARCH ENGINES: THE EFFECTIVENESS IN BRAZIL OF THE SO-CALLED "RIGHT TO BE FORGOTTEN" AGAINST MEDIA COMPANIES

GILBERTO FACHETTI SILVESTRE, CAROLINA BIAZATTI BORGES, NAUANI SCHADES BENEVIDES
2019 Figshare  
The right to be forgotten is recognized by the brazilian courts as embodied in the protection of human dignity. However, in the contemporary virtual environment, this right faces severe difficulties to be made effective, demanding instruments compatible with i) the dynamics of virtual relations; ii) the importance of conflicting — personal and public — legal assets; iii) the functioning mechanisms of virtual structures; and iv) the technical capacity for cessation or mitigation of the damage of
more » ... on of the damage of the individuals involved. In this context, this research analyzes the viability of procedural protection of the right to be forgotten in Brazil through the de-indexing of data, recognizing the active role of search engine companies in its effectiveness before media companies. Methodologically, the study is based on a documentary research, done on a sampling of the brazilian legal literature and of the paradigmatic judgments of the brazilian Superior Court of Justice (SCJ). Also, a qualitative research was carried out, as it analyzed the foundations and effects verified in the samplings of those documents. There was also a quali-quantitative research of the decisions of the Superior Court of Justice aiming to verify if there is jurisprudence, or only isolated decisions. The deductive method was used, with the major premise — taken to be true — that it is possibile to extend the application's spectrum of the protection of the right to be forgotten, and secondly, that the SCJ has a conservative position regarding the role of search engines.
doi:10.6084/m9.figshare.7840820 fatcat:urjocwxyrfekppbhif3i6v73y4