Global Information Technology & Communications
Brazil - Superior Court of Justice rejects right to be forgotten and releases search engine from removing search results
A decision issued by the State Court of Espírito Santo sentenced a major ISP and ordered it to remove from its search engine database a specific result related to a 2009 news article regarding a State judge and accusations of involvement with judicial frauds on behalf of drug cartels. The judge alleged he was acquitted of such accusations, but the maintenance of the search results concerning the accusation violated his personality rights and human dignity. The State Court decided in favor of the judge, and the ISP therefore appealed from the decision, claiming it is not obliged by law to remove, restrict or curtail any results from its virtual search engine.
Superior Court of Justice's minister Ricardo Villas Bôas, by means of a monocratic decision, considered the ISP's claims to have grounds and decided for the reversal of the State Court's decision. In his decision, he quoted Superior Court's precedents which clearly released virtual search engines from any obligation of censoring or removing any research result for any pre-determined term or expression, since such search engine providers have no legal obligation of carrying out the process of filtering for every search.
For more information, please contact Flavia Rebello or Thais Carvalho.