The right to be forgotten: the process of social reintegration of former inmates of the brazilian prison system in light of freedom of information and expression

Abstract

The fundamental rights to freedom of expression and information, which encompass the free expression of thought, as well as narratives about the past, are essential for the promotion of knowledge and history. The right to be forgotten, a recent topic in the legal debate, is launched as an instrument for the protection of personality rights. From this, the present study has as its main objective an analysis of the role of the media in contemporary times in terms of the dissemination of the stigma of former prisoners of the Brazilian penitentiary system, making it difficult for them to integrate and rehabilitate them into social life. In view of this, the issue arises: can the right to be forgotten be used without violating the rights of freedom of expression and information? Through bibliographical sources, he directed the conclusions presented here, invoking the deductive method. In the first section of this work, there was an explanation of the historical foundations for the recognition of the right to be forgotten. In section two, there was the conceptualization of the right to be forgotten. In section three, there was an analysis of the right to be forgotten from the perspective of the principle of human dignity and personality rights. In section four, there was an explanation of the social exclusion and stigma tagged in subjects from the Brazilian penitentiary system. In section five, it was demonstrated how the media influence the construction of public opinion about ex-convicts. Finally, for the current legal antinomy, the technique of weighting principles and rights was presented, arguing that weighting in such terms applies to the inconsistencies of vague rules.