A desindexação enquanto direito fundamental na ordem jurídico-constitucional brasileira : possibilidades e limites

Abstract

It has a background the technological society, the present study has the following problem: what is the content of the right to deindexation in the Brazilian legal-constitutional order and what is its content? We start from the hypothesis that the right to deindexation consubstantiates a form of harmonizing values that in the technological society seem antagonistic, namely, the right of access to information and freedom of expression on the one hand, and the rights of personality on the other. Therefore, the objective of this paper is to analyze the content of the right to deindexation in the Brazilian legal-constitutional order and, as specifics: a. to investigate in which way the right was impacted by the changes in the technological society; b. to examine the right to deindexation from the technical, legal and fundamental point of view, relating it to other rights constitutionally established. c. to scrutinize the legal treatment offered to the right to deindexation in the national and international spheres; e. to evaluate in which way the right to deindexation has been conceived in the Brazilian Courts. As for the execution of the work in terms of methodology, the scientific method of hypothetical-deductive approach, the monographic procedure method, the method of sociological legal interpretation and the research techniques used were the analysis of the legislation, bibliography and doctrine on the theme. The work is divided into three parts, the first one directed to a general Panorama of the right to deindexation; the second one, about the normative and doctrinaire framework in the foreign, international and national plan and, finally, questions regarding the main question, which is, the content and legal nature of the right to deindexation.