O direito ao esquecimento aplicado ao ordenamento jurídico : a colisão existente entre os direitos fundamentais de liberdade de expressão e da dignidade da pessoa humana.

Abstract

The purpose of this monographic work is to analyze, is a general way, based on the legal system, cases of collision between fundamental rights, or, the freedom of expression of the media in the face of the dignity of the human person, which should prevail. Specifically, it seeks to verify the emergence and the motive that determined the application of the right to oblivion, as well as to investigate the greatest case of repercussion on this topic and to investigate the effectiveness of this fundamental right. Thus, the problem to be faced is the growing avalanche of hyperinformalism that has never been so present in people's lives as they have been since the last decade, which is why their lives are more exposed to the general public. In addition, considering the fundamental right of freedom of expression / media information and the fundamental right of the dignity of the human person - based on intimacy, privacy and the honor of the human being towards society - both with the same hierarchy, in the balance of the law, in which the judge must join when applying the law. In order to deal with this task, as to the definition of the method of approach, the deductive was chosen, considering that the subject will be approached first in general, passing to the narrower subject. Regarding the method of procedure, the history was chosen, analyzing the expansion of the right to forgetfulness applied to the legal order. With regard to research techniques, they will be summarized in bibliographical research from several sources. Finally, it can initially be said that if there is a collision between two fundamental rights, the case must be analyzed from the point of view of the principle of proportionality, since there is no fundamental right covered by absolutism, and the best solution must be applied to the concrete case of accordance with the principle of proportionality.