http://hdl.handle.net/11422/79 Wed, 08 Apr 2026 02:42:31 GMT 2026-04-08T02:42:31Z http://hdl.handle.net/11422/28949 Title: Direito ao esquecimento: aplicação em relação a fatos privados divulgados na Internet Author(s)/Inventor(s): Gemaque Neto, José Caldeira Advisor: Barcellos, Daniela Silva Fontoura de Abstract: The right to be forgotten constitutes a central theme in contemporary legal debate, situated within the context of the protection of privacy, personal data, and human dignity in digital society. Its problematization acquires particular relevance in light of the logic of surveillance capitalism, as theorized by Shoshana Zuboff, characterized by the extraction, commodification, and large-scale exploitation of personal data as a means of economic accumulation and power. In this scenario, past personal information ceases to be merely historical records and becomes integrated into systems of monitoring, classification, and behavioral prediction, directly impacting individuals’ autonomy, identity, and freedom. This thesis was developed within the Graduate Program in Law (PPGD) at the Federal University of Rio de Janeiro (UFRJ), in the field of concentration Contemporary Legal Theories, under the research line Human Rights, Society, and Art. The objective of the study is to critically analyze the right to be forgotten within the Brazilian legal system, in light of the structural transformations promoted by surveillance capitalism, examining its tensions with freedom of expression, the right to information, and the preservation of collective memory, as well as its potential as an instrument for the protection of human dignity. Although the Brazilian Supreme Federal Court (Supremo Tribunal Federal), in the judgment of Extraordinary Appeal No. 1,010,606/RJ (General Repercussion Theme 786), established the understanding that the right to be forgotten is incompatible with the Federal Constitution, this thesis argues that such a decision does not preclude legal protection against the undue perpetuation of strictly private information lacking contemporary public interest. It is maintained that, under a systematic interpretation of the Constitution, personality rights, and the Brazilian General Data Protection Law (Law No. 13,709/2018), the right to be forgotten may be applied to private facts, whether true or false, including content generated by deepfakes. The research adopts an exploratory methodology, grounded in bibliographic and documentary review, encompassing national and foreign doctrine, legislation, constitutional and infraconstitutional jurisprudence, as well as theoretical contributions from digital law, fundamental rights theory, and contemporary critical legal studies. The incorporation of the theory of surveillance capitalism allows the right to be forgotten to be understood not merely as a punctual conflict between rights, but as a normative response to informational power asymmetries and to the transformation of human experience into raw material for control and profit. The results point to the urgent need for the application of privacy protection in the digital environment, recognizing the relevant role of the Brazilian General Data Protection Law (LGPD) as a legal and extrajudicial instrument for containing the excesses of surveillance capitalism. It is concluded that the formal denial of the right to be forgotten by the Supreme Federal Court, in a specific case involving public interest, does not eliminate the urgency of applying this same institute to protect dignity, digital identity, and human rights, contributing to the construction of a normative balance between individual and collective interests in a society marked by continuous surveillance and the massive circulation of data. Publisher: Universidade Federal do Rio de Janeiro Type: Tese Wed, 28 Jan 2026 00:00:00 GMT http://hdl.handle.net/11422/28949 2026-01-28T00:00:00Z http://hdl.handle.net/11422/28948 Title: Righteously entertaining: punishing and constructing society’s moral reality with online public shamings Author(s)/Inventor(s): Tavares, Inês Ferreira Dias Advisor: Cauchie, Jean-François Abstract: Online public shamings are a contemporary phenomenon in which someone’s wrongdoing is publicized online, attracting the attention of a mass audience, which reacts to it, shaming the person and pressuring employers and business partners to cut ties with the culprit. Trying to avoid prejudgements on the phenomenon's ethics, this thesis explores how online public shamings develop. The investigation starts by defining the phenomenon based on five empirical cases and on the existing literature. Based on this definition and initial characteristics, two other similar phenomena were approached from a theoretical perspective, in search of a comprehensive lens for the online public shamings: moral crusades and charivaris. Based on these two phenomena, online public shamings were conceptualized as movements of deviance creation, in which online imagined communities battle to extend their rules and values to opposing publics, and at the same time they punish an individual for breaking a cherished value. By using mixed methods to analyse Twitter data, a single case study was developed. The empirical analysis revealed that online shamers are composed of several different groups, with different types of interests, both opportunistic and righteous. In the latter group, Black Twitter revealed itself as morally engaged with expanding anti-racist rules in American society. The punishment of the shamed, in this sense, represents another episode in a larger movement for social equality in America. The process of deviance creation, nonetheless, is marked by the use of punishment as entertainment and the imposition of rules and consequences without any democratic due process. Even though more research is needed to expand the conclusions of this work, this case study provides an initial framework for the development of basic aspects of online public shamings. Publisher: Universidade Federal do Rio de Janeiro Type: Tese Mon, 10 Mar 2025 00:00:00 GMT http://hdl.handle.net/11422/28948 2025-03-10T00:00:00Z http://hdl.handle.net/11422/28947 Title: Erika Alcantara Pinto Author(s)/Inventor(s): Pinto, Erika Alcantara Advisor: Figueira, Luiz Eduardo de Vasconcellos Abstract: The thesis, developed under ethnographic inspiration, aims to understand how the Federal Public Defender’s Office (Defensoria Pública da União – DPU) in Rio de Janeiro, through the Office of Human Rights and Collective Protection and the work of its regional human rights defenders, produces meanings and fulfills its constitutional duties of promoting and guaranteeing human rights. The investigative path reconstructs the conditions of possibility that contributed to the emergence of a particular way of doing ‘access to justice’. The research combines observation, interviews, and document analysis, while also acknowledging the agency of non-human actors such as normative instruments and various documents. It historically reconstructs the process of institutionalization of the Public Defender’s Office in Brazil since the 1988 Constitution, highlighting the political and symbolic disputes that positioned it as an institution for the promotion and defense of the human rights of vulnerable individuals and groups. The category of ‚vulnerability‘ is analyzed as a relational device of distinction and legitimation, operating as a native category that guides priorities of action, redefines institutional identity, and sustains rights-promotion strategies. Finally, the case study of the ‚‘urban land conflict‘ of the Zumbi dos Palmares Occupation demonstrates that the defense of human rights by the DPU/RJ is carried out primarily through collective protection, in judicial and extrajudicial practices of mediation and translation that reframe social demands in legal terms. The results highlight a particular way of doing ‘access to justice’, structured by territorial presence, attentive listening, network-based work, and a willingness to engage in dialogue. This openness, however, proves to be contingent: it depends on the continuity of alliances among actors, the mobilization of scarce resources, and the active engagement of public defenders in the shared construction of solutions. Publisher: Universidade Federal do Rio de Janeiro Type: Tese Fri, 24 Oct 2025 00:00:00 GMT http://hdl.handle.net/11422/28947 2025-10-24T00:00:00Z http://hdl.handle.net/11422/28918 Title: Os standards probatórios na jurisdição constitucional Author(s)/Inventor(s): Cantoario, Diego Martinez Fervenza Advisor: Camargo, Margarida Maria Lacombe Abstract: The thesis investigates the centrality of facts in Brazilian constitutional adjudication and argues that Constitutional Court decisions that rely on revisable constitutional facts require explicit criteria for evidentiary sufficiency. It starts from the diagnosis that the absence of clear standards of proof weakens the empirical justification of rulings; as a remedy, it proposes standards that operate as thresholds of corroboration and enhance the rationality and democratic legitimacy of decisions. Examples such as the asbestos ADIs and public hearings on the employment status of app-based drivers and civic-military schools illustrate the problem. At the theoretical level, the thesis weaves together three strands. Drawing on Faigman, it asserts the need for an empirical-realist approach to facts and objective criteria for their assessment, avoiding decisions grounded solely in normative constructions. Based on Müller, it maintains that facts form part of the structure of norms (normative scope), which requires treating them as components of constitutional interpretation. From Alexy, it highlights epistemic spaces and the epistemic law of balancing: the more intense the interference with fundamental rights, the greater the required certainty of factual premises — grounds for calibrating deference and scrutiny. Methodologically, it adopts qualitative, descriptive research using a deductive-analytical method and bibliographic and documentary analysis; it draws on Supreme Court decisions (including those with public hearings and amici curiae), national and foreign scholarship on legislative facts, and comparisons with the U.S. model of tiers of scrutiny. Its main contribution is to propose graduated standards of proof according to the intensity of the impact on fundamental rights: greater restriction implies lower levels of deference and more demanding evidentiary thresholds; in matters not involving fundamental rights, the legislature’s and Administration’s margin of configuration expands. This architecture makes the assessment criteria explicit, strengthens extra-procedural justification, and guides judges in corroborating factual hypotheses, fulfilling justificatory and heuristic functions. Publisher: Universidade Federal do Rio de Janeiro Type: Tese Wed, 29 Oct 2025 00:00:00 GMT http://hdl.handle.net/11422/28918 2025-10-29T00:00:00Z