The right to be forgotten in the Brazilian Superior Court of Justice: Analysis of the Special Appeal 1,736.803/RJ (Daniella Perez Case)

Abstract

Due to the development and transformation of the concept of privacy, modern society increasingly safeguards the use of old personal data. The right to be forgotten arises as a tool capable of protecting human dignity, notably in the information society. This article analyzes how this right is being delimited in Brazil, especially through a single case analysis of the Special Appeal 1,736.803/RJ. Apart from the definition of the right to be forgotten, the article investigates if this right can be used as an argument to impose an obligation to refrain from acting.