Análise do direito ao esquecimento em face do princípio constitucional da vedação das penas de caráter perpétuo

Abstract

This paper aims to show the link between the right to be let alone and the constitutional principle of sealing perpetuity penalty, due to the principle of humanity. The recognition of a right to be let alone corroborates that an individual is not stigmatized by a mistake made at some point in their life mistake. The right to let be alone is the right that a person has to not allow a fact occurred in the past, even if true, is exposed to the general public, causing you distress or inconvenience. In Brazil, the right to be let alone has constitutional and legal protection, since it is considered a right of personality, based on the right to privacy, intimacy and honor, guaranteed by our Federal Constitution of 1988 in its art. 5, X and the civil code 2002 in art. 21 Thus will be done initially conceptualizing the right to be let alone and the constitutional principle of sealing perpetuity penalties, to further demonstrate their relationship. It is noteworthy that the right to be let alone should be seen as a right to hope, in absolute harmony with the legal and constitutional presumption of regenerability the human person. The methodology consisted of an extensive literature search and jurisprudential analysis. Among the objectives of this work is to determine the origin and the concept of the right to be let alone in Brazil.