A superexposição do acusado de inquérito penal nas redes sociais e o direito ao esquecimento

Abstract

From various historical achievements over time in Western culture, one can speak today of an equal protection of the dignity of the human person, a complex of rights and duties that must be respected by the State and all collectives. As a result of globalization and the arrival of new communicative media such as news programs, the debate on the right to oblivion was initiated, since the media were reliving facts that had already been overcome. However, with the onset of the Internet, one can observe a substitution of the means of communication, in a way with which the individuals of the society themselves have become propagators of information, especially the users of social networks. There is therefore an intensification of the exposition of the accused of criminal investigation, who, by a feeling of revenge from society, does not recognize him as having fundamental rights. Some Brazilian judges already recognized the application of the Right to Oblivion related to the resocialization of the acquitted subject. It will be analyzed if there is an effective legal protection for the application of the right to oblivion in this new context.