THE RIGHT TO DIGITAL FORGETFULNESS AND RESOCIALIZATION

limits and possibilities in the brazilian legal system

Abstract

The digital age has established the existence of information records and brought new challenges to the protection of fundamental rights, particularly with regard to privacy and human dignity. The concept of the right to be forgotten digitally appears as a tool to protect informational self-determination and reduce the effects of hyperconnectivity, allowing for the exclusion or deindexing of certain personal information. In Brazil, the lack of specific legislation and conflicts between freedom of expression, the right to information, and personality protection hinder the implementation of this right. This article analyzes the right to digital oblivion from the perspective of its legal foundations, assessing its viability as an instrument of social reintegration for convicted individuals. To this end, it examines the regulatory challenges, the implications for criminal law and the enforcement of sentences, as well as the compatibility of this concept with criminal rehabilitation and the deletion of criminal records. Finally, normative alternatives and interpretations are proposed that seek to balance human dignity with the need to ensure legal certainty and access to information. The approach used integrates doctrinal, jurisprudential, and normative analysis, encouraging reflection on the urgency of regulating the right to digital oblivion in Brazil, especially in relation to the process of resocialization.