A aplicação do direito ao esquecimento aos agentes delitivos: Uma análise acerca da ponderação entre o direito à imagem e as liberdades de expressão e de informação

Abstract

The objective of this article is to study the criminals using the right to be forgotten based on the analysis of the balance between the right to image and right to inform, as well as proposing the use of criteria that aid the judge in his decision. Through deductive, doctrinal and jurisprudential research, the article analyzes conceptually and historically the delineation of the right to be forgotten, as well as discusses the contributions that jurisprudence, international and national, bring about the theme. It talks about the right to the image and the right to inform, which would be in apparent collision when there is interest of an individual who has committed a crime in the past, not to see this fact remembered indefinitely. This article concludes that the weighting to be carried out in the specific case can take advantage of the auxiliary jurisprudential criteria - temporal, historicity, indispensability of the subject and public interest, and objective auxiliary criteria - absolution, rehabilitation and prescription. The indication of these objective criteria as an aid in the interpretation of the judge when analyzing the right to be forgotten to criminals is the great innovation about the theme proposed in the article.