O Direito ao Esquecimento Sob a Perspectiva da Saúde Individual

Abstract

This study aims to point out a new and indispensable look concerning the Right to be Forgotten: the perspective of individual health. The usage of weighting mechanisms in order to resolve a potential conflict between freedom of expression and the rights of personality is not sufficient to achieve fair decisions. Thus, through a bibliographical review and case study, an interdisciplinary research was chosen, whose theoretical framework is the neuroscientist Ivan Izquierdo, since the studies he has developed about memory, and more specifically about its extinction and repression, demonstrate that the impossibility of transcending trauma leads, in addition to depressive disorders, to poor social relationships and these, in turn, directly influence a considerable increase in the incidence of coronary diseases and strokes, which damages individual health and, consequently, the dignified life of the citizen. In order to demonstrate the proposed theory, namely, the indispensability of the analysis of the Right to be Forgotten from the perspective of individual health, the “Aída Curi” case, already judged by the Brazilian Superior Court of Justice, has been analyzed in an incomplete way, since the judgment only scrutinized the conflict between freedom of expression and the rights of the personality, which is now under the jurisdiction of the Supreme Court.