La eficacia jurídica de un fallo en el sistema judicial ecuatoriano a favor del derecho al olvido.

Abstract

In Ecuador little has been said about what the right to be forgotten means. Moreover, every time any average lawyer is asked about this right in Ecuador, few are those who claim to have knowledge of it and it is not for less, since it is a relatively new right. It is new because it has only been recognized in Ibero-American laws like Spain for a few years, hence some countries have adopted to recognize the same right in their laws and jurisprudence. The purpose of this work is to cover the content on the right to be forgotten and the hypothesis of being recognized this right in Ecuador. This research is composed of six chapters, which give a general explanation of what the right to honor, honor and good man implies; and its relationship with the right to be forgotten. It will analyze the doctrine produced by those Ibero-American academics who have studied this right, to finally carry out a jurisprudential analysis to be able to conclude how the right to oblivion would be applied if this right was recognized in Ecuador. My recommendation and conclusion of this work propose a possibility in which all the positive and negative aspects that the recognition of this right could imply are taken into consideration. The conclusion of this work probably will not be applied in the country, but that, without a doubt, is a possibility of application on the merit and reference of those countries that have already applied and recognized it in their legal systems.