The right to be forgotten cannot be used as an argument to remove historically and culturally relevant content.
According to a decision issued by a judge from the 2nd Civil Court of Aracaju1 , the interests of people involved in historical facts are not a valid justification for removing content that promotes the collective right to information.
This understanding was manifested in a lawsuit filed by a descendant of a sergeant whose name was adopted by a military group that murdered the famous “cangaceiros” Jurity and Neném. Based on the right to be forgotten, the author sought to exclude two videos from the Youtube platform that addressed the historical fact and the payment of moral damages by the user who shared them.
As stated by the judge, the identification of the agents and group of people who participated in the historical narrative of the videos would not only be part of the story, but also a “social right of access to education and culture, through the records and the means of access to historical information “, ensured by the Federal Constitution.
In this case, considering the impossibility of separating the historical event from the author’s relative and the fidelity of the narrative to the truth and reliable sources, the application of the right to be forgotten would not be adequate and her request was dismissed.
Lawsuit No 0044386-18.2018.8.25.0001