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