Right to Be Forgotten or Right to Know: Brazilian <i>Ratio Decidendi</i>

Abstract

The cases centered on the applicability of the right to be forgotten bring the fundamental rights of freedom of information and privacy into collision, highlighting the complex task of weighing the values and circumstances at stake. In this context, the article discusses the ratio decidendi of the Brazilian Supreme Court, which provides insight into the right to be forgotten. The protective scope of the right to be forgotten should be limited, particularly in relation to its impact on judicial protection for claims for damages. It should not be used as a measure that could limit the community’s right to access information and preserve its collective memory. The article suggests that Brazilian law tends to prioritize the “right to know” over the right to be forgotten.