O direito ao esquecimento na internet às vítimas de Revenge Porn

Abstract

It is proposed to reflect on the possibility of the Right to Oblivion to victims of revenge porn, emphasizing the effects in the legal and social sphere, under the principles of Civil Law, with emphasis on personality rights. Thus, a debate will be made about the right to privacy in the face of violations of the individual's image, analyzing the measures employed regarding the application of the Right to Oblivion on the Internet, as well as the appropriate means to minimize any social and psychological damage. Thus, the deductive methodology will be used, which seeks to explain particular events based on a universal study. In addition, a bibliographic will be used based on the interdisciplinary dialogue between Civil Law, Constitutional Law, Digital Law and Sociology, as well as a qualitative research approach in research and jurisprudence institutes. Finally, we seek to illustrate the questions through cases involving the dissemination of intimate content, such as the case of Xuxa Meneghel in the face of Google. As for the results, it can be seen that the Right to Oblivion allows the user not to see an intimate information of his/her nature that causes embarrassment displayed on social networks. The crime of revenge porn, in a light, is committed by former companions who did not accept the end of the relationship, who use intimate images of former companions.