Jurandir v. Globo
Case Law- Country
- Country Location
Latitude: -9.531069703582213
Longitude: -52.923056365109474
- Country Location (linked Case Law)
- Brazil
- Decision Date
- May 28, 2013
- Case Status
- Closed
- Case Outcome (Procedural)
- Admissible
- Case Outcome (Disposition)
- Reparations Made by Individual or Entity who Exercised FoE
- Keywords
- Data Protection and Retention
- Privacy
- Right to be Forgotten
- Judicial Body
- Appellate Court
- Court Name
- Brazilian Superior Court of Justice
- Case Number
- 1.334.097-RJ
- Case Summary
The Brazilian Superior Court of Justice found that the right of information and freedom of the press (Brazilian Federal Constitution “BFC”, Article 5th, IX) is limited by certain protections of the individual (BFC, Article 1st, III), including the inviolability of privacy, intimacy and image (BFC, Article 5th, X) in the context of the right to be forgotten. The Court used this reasoning to find in favor of Jurandir Gomes de França whose image and name was used in Globo’s television special about the infamous Candelária massacre, despite the fact that Jurandir had been acquitted of all charges. Globo was ordered to indemnify Jurandir for using his image and violating his right to be forgotten.
- Case Significance
The case places an individual’s right to be forgotten and privacy over freedom of expression allocated through media outlets. From a freedom of expression standpoint, this is bad because it restricts how and when news outlets can discuss criminal proceedings. It limits the “watchdog” role of media, which acts in part to inform the public of corruption. New information from a case that occurred 20 years ago may still be relevant and essential to the public interest.
The decision establishes a binding or persuasive precedent within its jurisdiction. Brazil is a civil law country. This decision holds persuasive value in the lower courts of Brazil but is not strictly binding.
- Related Law
- Source URL
- Global Freedom of Expression
- Notes
Judgment (Português) http://s.conjur.com.br/dl/direito-esquecimento-acordao-stj.pdf
- Collection
- Columbia
- Date Updated
- Jul 3, 2024