RIGHT TO BE FORGOTTEN AND THE REPERCUSSION IN CRIMINAL LAW

Abstract

According to the country's criminal law, the judge currently uses the three-phase system as a penalty application parameter. In the first phase of individualization of the sentence, the magistrate must analyze the characteristics listed in article 59 of the Penal Code. Among the circumstances established by law, there is an analysis of the criminal records - a concept that generates important doctrinal discussions. That’s because, contrary to what happens for the recidivism aggravation (art. 61, I, Penal Code), whose time lapse is 05 (five) years, the law does not set a time limit for the use of (bad) criminal records as a way to increase the base penalty. If this consideration was made in a way, on the other hand, the study of the so-called “Right to be Forgotten” is growing in doctrine. The right to be forgotten has it origins established in Civil Law, but it also covers important aspects of Criminal Law. In this way, - and for what matters for this study – We seek, through legislative, doctrinal and jurisprudential analysis, to identify the applicability of the referred in Criminal Law, in special concerning the use of rehabilitation to the people who are in custody, in order to the (bad) criminal records have no perpetual effects.