RIGHT TO BE FORGOTTEN AND THE NUANCES IN THE MORAL REPAIR

Abstract

It explores the right to be forgotten, and more specifically, the nuances regarding moral damages, as this has emerged as an alternative in cases involving the theme. Thus, applying the Cartesian method, and through indirect documentary research (notably literature review, case law, and doctrine), the investigation was developed to clarify the understandings of the higher courts of the country (this being the research problem) and to ascertain the current status of the legal positioning on moral reparation, embodying the general objective of the investigation. In respect of the adopted method, the text development included a brief approach on the antinomy of constitutional principles (between the right of personality and the right to information), followed by comments on the "balancing criterion" when judging cases. The leading case of the STF (Topic 786) was also analyzed, which established, as a general rule, that the right to be forgotten is incompatible with the Constitution. The article delved into the divergence presented by some justices regarding the admission of moral damages, an intriguing topic given that it does not involve publication or equivalent of false content and, prima facie, without the possibility of indicating the cause for moral reparation.