Although this case does not refer to internet intermediaries, the final decision will serve as an important background to understand the current debate on a “right to be forgotten” in Brazil.
In this case, the Superior Tribunal of Justice affirmed a “right to be forgotten” of the plaintiff who had his name cited and associated to the armed struggle (a bomb attack at an airport in the State of Pernambuco) against the ongoing military dictatorship in the country. In this specific case, the name of the plaintiff was mentioned during an interview of a third person to the newspaper Diário de Pernambuco. The interview had a focus on important historical facts about communism and the resistance against the military regime in Brazil.
The decision noted that the country approved an amnesty law in 1979, forgiving crimes of individuals involved in both sides of the armed conflict in order to pacify the society. Taking this into consideration, the decision affirmed that the interview published by the newspaper Diario de Pernambuco would offend the honor and the image of the plaintiff and imposed a payment of damages as subsequent liability.
The defendant appealed against this decision to the Supreme Court.