THE PROCESS OF RESOCIALIZATION AND THE PREROGATIVE OF THE RIGHT TO FORGET

Abstract

Considering the study on the applicability of the right to be forgotten in criminal law, especially the question of the resocialization of ex-convicts, the objective is to investigate how the recognition and realization of the right to be forgotten is a guarantee to the process of resocialization. For that, factors such as: the institute of the right to be forgotten are explained; the application of the aforementioned right in concrete and famous cases in the Brazilian legal system, with a historical retrospective; the relationship between the right to be forgotten and criminal law; investigation of the compatibility of theright to be forgotten with the right to freedom of expression and information; the stigmatization of the prisoner; the character of perpetual punishment that is granted to those who committed a crime and who do not have the right to be forgotten in their favor; the positions in our legal system that recognize the right to be forgotten and the role of the media in the perpetuation of crime and the criminal. In the digital environment, with the possibility of searching for information for an incalculable period of time, the right to be forgotten arouses an important current debate about its usefulness, especially in the information linked by the press during the execution of the sentence or after the ex- convict's release. As a result of the principle of human dignity, the State and society must allow ex-convicts the chance to rebuild their lives.