O DIREITO AO ESQUECIMENTO NAS DECISÕES DE REABILITAÇÃO EM MATÉRIA CRIMINAL

Abstract

This article aims to answer the following question: the right to be forgotten may or may not be faced in criminal rehabilitation requirements and, fundamentally, to establish its requirements by a judgment made two years after the extinction of the sentence? The theme of the article is the granting of the right to be forgotten in matters of criminal rehabilitation. The research hypothesis revolves around the question regarding the alternatives that the Judiciary must, in certain cases, decide on the right to be forgotten, when assessing the rehabilitation institute in criminal matters. The method of approach will be dialectic-deductive, adopting the bibliographic procedure. Thus, firstly, this article proposes a reading on the understanding of the right to be forgotten, as well as its main legal aspects to, afterwards, analyze the criminal rehabilitation itself in the light of the right to be forgotten; at the end, the final considerations of the research are made.