Aplicabilidade da tutela jurídica do direito ao esquecimento no âmbito penal

Abstract

The present study aims to provide insights into the importance of recognizing the right to be forgotten, especially for individuals who have been criminally convicted, as a means of upholding the principle of human dignity and the rehabilitative purpose of punishment, given the current context of the Information Society. As a methodological approach, a deductive method and the techniques of bibliographical and jurisprudential research were employed, with a particular focus on criminal cases adjudicated by the Superior Court of Justice. Legal provisions related to legal institutions that enact the right to be forgotten, such as prescription, pardon, amnesty, and criminal rehabilitation, were also analyzed. The study commenced by examining the concept of punishment and theories regarding its purpose, through which it was observed that rehabilitation is one of the objectives of positive prevention theories. Subsequently, a study on the concept of the right to be forgotten was conducted, which is an implicit principle, along with the challenges concerning its scope and implementation, which may be achieved through the technique of balancing rights. Lastly, the study explored the realization of this right within the realm of Criminal Law, legally applied through the legal institutions, serving as an essential mechanism for the reintegration of convicted individuals into society. The work carried out leads to the conclusion that the ongoing discussion on this topic is necessary, as it allows for further in-depth studies and the potential explicit recognition of the right to be forgotten in the future, thereby solidifying the principle of human dignity