STJ E STF : REFLEXÕES SOBRE AS DECISÕES DOS TRIBUNAIS SUPERIORES SOBRE MAUS ANTECEDENTES E O DIREITO AO ESQUECIMENTO
DOI:
https://doi.org/10.17564/2316-381X.2023v9n2p61-73Abstract
This chapter aims to discuss the different positions of the STJ and the STF regarding the valuation of bad records without any temporal limitation and the application of the right to be forgotten. Therefore, based on a methodology of bibliographical, legislative and jurisprudential review, the work brings a set of legal-penal, criminological and constitutional reflections, which brings it closer to the position of the STJ. However, it understands that it is not possible to value bad antecedents when dealing with very old antecedent records, in application of the theory of forgetting due to the risk of stigmatization of the individual, in compliance with the principle of humanity and the need to limit the applicator discretion. However, there is no intention here to exhaust the issue, especially in other areas and specific criminal types.