Media freedom and human dignity

analysis after decision of the supreme federal court in the judgment of “tema 786”

Abstract

This article proposes an analysis of investigative journalism as a counterpoint to the realization of the right to oblivion. Its application as an interpretative postulate of equality transcends the discussion about the application of the right to oblivion to criminal cases. Firstly, we must ensure respect for fundamental rights, so that the dignity of the human person and the impossibility of perpetual penalties are respected. Second because it expresses changes in the understanding of the right to freedom of information, since this cannot be interpreted as an absolute right, in order to disregard the fundamental guarantees of the Federal Constitution. This essay examines investigative journalism in the face of its practical application in the difficulty of enforcing the right to oblivion, based on theoretical developments in the field of constitutional law and criminal law, to demonstrate the importance of building an information society that will prevent the right to be forgotten and the impossibility of perpetual penalties, as a way of building a genuinely democratic society with respect for the human dignity.