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Lecture by the Chief Justice of the STF opens forum on the right to forgetfulness and protection of memory

The Chief Justice of the Brazilian Federal Supreme Court (STF), Carmen Lúcia, opened on Monday (21) the forum "Oblivion x Memory - Reflection on the right to forgetfulness, the right to information and protection of memory", held at headquarters of the Brazilian Bar Association in the Federal District (OAB-DF). The Justice considered that the issue - to be debated by the Court in the judgment of Extraordinary Appeal (RE) 1010606 - "comes at a very timely moment in the history of Brazil."

"A debate like today's grows exactly in the proportion that puts in its place what has to be remembered not to be forgotten and what is to be forgotten so that we can have new memories," she emphasized, pointing out the care that the Judiciary has to have with the narrative. In her lecture on the theme "The Presence of Historical Memory - biographies", the Justice made reflections on the historical memory as well as the dignity of the human person.

She noted that, today, world reality is unprecedented in the history of humanity because of the presence of social networks and various disclosures on the internet. According to her, there are still no normative milestones for what is happening today and "our perplexity is that we do not know how to deal with it."

"What we are discussing here - right to memory and the right to forgetfulness - is nothing more than knowing what is the central point of a person's dignity and the dignity of a people who need to remember to tell their story," she affirmed. The justice stressed that in times of intolerance, it is necessary to welcome the other, as well as stressed that a people does not live without their identity. She noted that when the Federal Constitution deals with the dignity of the human person, "it is talking about someone who needs to be preserved in its integrity."

In that sense, the president of the STF said that the forum provides the opportunity to debate "what is the memory of someone, who needs to be protected and can not be discussed, and what can not be kept because it constitutes not individual memory, but collective memory ". "I believe that we will certainly find the balance that is virtuous to let liberties guarantee dignity, but that the freedom of one does not overlap with that of all others, in such a way that we no longer have conditions to know what is our history, our past, to know how we want to build our future, "concluded Justice Carmen Lúcia.

Discussion in STF

The applicability of "the right to forgetfulness" in the civil sphere was the subject of a public hearing held in June of this year in the Supreme Court. The subject is dealt with in Extraordinary Appeal (RE) 1010606, with general acknowledged repercussion, in which the STF will have to decide on a controversy that involves fundamental principles of the Brazilian Constitution: the right to oblivion based on the principle of the dignity of the human person, inviolability of honor and the right to privacy x freedom of expression and of the press and right to information.


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