Configuração do direito ao esquecimento relacionado à prática de crime face à liberdade de informação e de expressão: uma ponderação a partir do ambiente virtual

Abstract

In cases of crimes in which the sentence has already been served, the publication of news, articles, comments, etc., which associate the names of the individuals involved with the act practiced in the past, hinder the possibility of their recovery and social reintegration, in view of the permanent stigma on these people. The virtual scope houses an infinite range of information, which, when filtered by search engines, directs the user to precise results. Therefore, any information can be found at any time and rekindle a new discussion on a topic, or crime, already overcome. Therefore, the problem of this research arises, which is to analyze how the right to be forgotten should be disciplined in the virtual sphere in cases of crime where there has already been served the conviction. Searched through bibliographic review and analysis of documents, dealing with hypothetical-deductive method. The general objective is the analysis of this theme under Brazilian law, verifying how it disciplines the application of the right to forget in the virtual scope in cases where the sentence has already been exhausted. For this, the specific objectives of this work must be answered: to analyze whether the right to be forgotten or the right to information should prevail; brief analysis of the measures that are effective in guaranteeing the right to be forgotten and analyze their application in Brazil. As a result, it was understood that the specific case must be analyzed for the proper application of the law, and that the Brazilian courts are still controversial as to the better accountability of the search engines.