The Meanings of the Right to Memory and the Right to Forget and the (IN)Understandings of the Brazilian Supreme Court

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Dailor Dos Santos
Dailor Dos Santos
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Giullia Eckert Nunes
Giullia Eckert Nunes

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The present study analyzes the meanings that the Brazilian Constitutional Court attributes to memory and forgetting, as a way of understanding the meanings of the right to memory and the right to be forgotten in Brazilian law. The research problem consists of verifying how the Brazilian Constitutional Court understands the similarities between the right to memory and the right to forget. The study is based on bibliographic research and adopts the phenomenological method in its approach. The study carries out a phenomenological analysis of memory and forgetting, investigates how forgetting can be elaborated in the information society and examines the Brazilian Constitutional Court’s understanding of the right to forget and the right to memory. The study argues that the right to memory is intended to protect political memories, while the right to be forgotten is linked to the protection of personality rights. The research criticizes the position adopted by the Brazilian Constitutional Court, for not having adequately understood the phenomenological dimension of memory and forgetting.

Funding

No external funding was declared for this work.

Conflict of Interest

The authors declare no conflict of interest.

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No ethics committee approval was required for this article type.

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Not applicable for this article.

Dailor Dos Santos. 2026. \u201cThe Meanings of the Right to Memory and the Right to Forget and the (IN)Understandings of the Brazilian Supreme Court\u201d. Global Journal of Human-Social Science - H: Interdisciplinary GJHSS-H Volume 24 (GJHSS Volume 24 Issue H1): .

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In-depth analysis of the Brazilian Supreme Court's role in memory and justice.
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GJHSS Volume 24 Issue H1
Pg. 29- 38
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Crossref Journal DOI 10.17406/GJHSS

Print ISSN 0975-587X

e-ISSN 2249-460X

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v1.2

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March 18, 2024

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English

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The present study analyzes the meanings that the Brazilian Constitutional Court attributes to memory and forgetting, as a way of understanding the meanings of the right to memory and the right to be forgotten in Brazilian law. The research problem consists of verifying how the Brazilian Constitutional Court understands the similarities between the right to memory and the right to forget. The study is based on bibliographic research and adopts the phenomenological method in its approach. The study carries out a phenomenological analysis of memory and forgetting, investigates how forgetting can be elaborated in the information society and examines the Brazilian Constitutional Court’s understanding of the right to forget and the right to memory. The study argues that the right to memory is intended to protect political memories, while the right to be forgotten is linked to the protection of personality rights. The research criticizes the position adopted by the Brazilian Constitutional Court, for not having adequately understood the phenomenological dimension of memory and forgetting.

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The Meanings of the Right to Memory and the Right to Forget and the (IN)Understandings of the Brazilian Supreme Court

Dailor Dos Santos
Dailor Dos Santos
Giullia Eckert Nunes
Giullia Eckert Nunes

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