CYRILLA: Global Digital Rights Law

CYRILLA: Global Digital Rights Law

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Nelson Curi et al v. Globo Comunicação e Participações S/A

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Nelson Curi et al v. Globo Comunicação e Participações S/A

Case Law

Country

Brazil

Country Location

Latitude: -9.531069703582213

Longitude: -52.923056365109474

Country Location (linked Case Law): Brazil

Decision Date: Feb 11, 2021

Case Status: Closed

Case Outcome (Procedural)

Dismissed

Keywords

Data Protection and Retention
Privacy
Right to be Forgotten

Judicial Body: Supreme Court (court of final appeal)

Court Name: Brazilian Federal Supreme Court

Case Number: RE 1.010.606

Case Summary: The Brazilian Federal Supreme Court held that a general right to be forgotten is incompatible with the Federal Constitution. In 2004, the family of a murdered woman had approached the courts, arguing that the use of images of the woman and her relatives in broadcast of a television program detailing her 1958 murder infringed their rights to privacy. The Court stated that the Constitution does protect the rights to privacy, honor, image, and personality and that situations which have invoked the right to be forgotten can be determined under those existing laws. It held that a general and abstract right to be forgotten would be an excessive and authoritarian restriction of the right to freedom of expression and information.

Case Significance: In going against the international jurisprudential trend that recognizes the right to be forgotten, the Court stressed that the mere passage of time cannot transform the lawful publication of facts into an unlawful activity, while noting that the public interest in accessing information outweighs an individual’s right to be forgotten and that the protection of personality rights must be assessed on a case-by-case basis.

The decision establishes a binding or persuasive precedent within its jurisdiction.

Related Caselaw (self)

Google LLC v. National Commission on Informatics and Liberty (CNIL)
Google Spain SL v. Agencia Española de Protección de Datos
NT1 and NT2 v. Google LLC

Related Law

Constitution of Brazil

Source URL: Global Freedom of Expression

Collection

Columbia

Date Updated: Jul 3, 2024

Primary Documents

Judgment (Portuguese)
Portuguese
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