2018
DOI: 10.5102/rbpp.v7i3.4904
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A Aplicação Do Direito Ao Esquecimento Aos Agentes Delitivos: Uma Análise Acerca Da Ponderação Entre O Direito À Imagem E as Liberdades De Expressão E De Informação

Abstract: O objetivo desse artigo é abordar a aplicação do direito ao esquecimento aos agentes delitivos partindo da análise da ponderação entre o direito a imagem e as liberdades de expressão e de informação, bem como propondo a utilização de critérios que auxiliem o julgador em sua decisão. Por meio de pesquisa dedutiva, doutrinária e jurisprudencial, o artigo, primeiro, analisa conceitualmente e historicamente o delineamento do direito ao esquecimento, assim como aborda as contribuições que os principais julgados, in… Show more

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“…He also stressed that "both constitutional values must be seen in their relationship with human dignity as the center of the axiological system of the Constitution". 45 In this sense, Alexandre Pereira points out that although generated within the "right to privacy", as it is known in the USA, the right to privacy, the protection of personal data has developed and acquired a "life of its own", based on the fundamental right to "informative self-determination", as designated by the German Federal Constitutional Court in its judgment of December 15, 1983, in the framework of a case relating to personal information collected during the 1983 census, in which the BFGH considered that, in the context of modern data processing, the protection of the individual against the unlimited collection, storage, use and disclosure of his personal data is covered by the fundamental right of each person to determine, in principle, the disclosure and use of his personal data, subject to this informational self-determination only to limitations justified by reasons of overriding public interest. 46 In the paradigm of the information society, decision-making processes, previously attributed to human beings, are increasingly defined by automated systems under the argument of greater rationalization and efficiency.…”
Section: Personality Rightsmentioning
confidence: 99%
“…He also stressed that "both constitutional values must be seen in their relationship with human dignity as the center of the axiological system of the Constitution". 45 In this sense, Alexandre Pereira points out that although generated within the "right to privacy", as it is known in the USA, the right to privacy, the protection of personal data has developed and acquired a "life of its own", based on the fundamental right to "informative self-determination", as designated by the German Federal Constitutional Court in its judgment of December 15, 1983, in the framework of a case relating to personal information collected during the 1983 census, in which the BFGH considered that, in the context of modern data processing, the protection of the individual against the unlimited collection, storage, use and disclosure of his personal data is covered by the fundamental right of each person to determine, in principle, the disclosure and use of his personal data, subject to this informational self-determination only to limitations justified by reasons of overriding public interest. 46 In the paradigm of the information society, decision-making processes, previously attributed to human beings, are increasingly defined by automated systems under the argument of greater rationalization and efficiency.…”
Section: Personality Rightsmentioning
confidence: 99%