THE RIGHT TO BE FORGOTTEN IN THE DIGITAL AGE: LIMITS AND CHALLENGES FOR FREEDOM OF INFORMATION AND PRIVACY

Abstract

This paper presents a critical reflection on the right to be forgotten in the digital age, seeking to understand its legal principles, its restrictions, and the obstacles it presents to freedom of information and privacy. The research aims to reach the theoretical and practical bases that support the application or rejection of this right in the Brazilian legal system, particularly after the decision of the Supreme Federal Court in 2021, which denied its existence as an independent right. It begins with the evaluation of the constitutional principles of human dignity, privacy, honor, and image, in contrast to freedom of expression, the right to information, and collective heritage. Based on doctrine, both national and international jurisprudence. As with the famous Google Spain case (2014), the study discusses the tensions present in the attempt to balance private and collective interests in a globalized digital environment, where information circulates permanently and without borders. The study also details the role of digital platforms in mediating these conflicts, the risks of private censorship, and the criteria that have been adopted to weigh fundamental rights.