Direito ao esquecimento: a (i)legalidade da investigação da vida pregressa nos concursos públicos frente ao princípio da ressocialização do condenado

Abstract

The purpose of this paper is to analyze the previous research phase in public tenders regarding the right to forget, especially in relation to the candidates that have some macula in their criminal records and, by virtue of this, are prevented from exercising public positions. It also sought to analyze the conflict between the analysis of the candidates' previous life and the principle of the resocialization of the convicted person, as well as the possibility of applying the right to forgetfulness in such cases, in order to enable ex-convicts to exercise public office , With the purpose of resocializing themselves to the social life. For this, the study was carried out through doctrinal research and the approach was based on the dialectical method. On the other hand, the procedure method is the comparative one, considering that it was tried to present the paradoxical points of the investigation phase of the previous life in front of the entitled right to the forgetfulness. The work was divided as follows: in the first chapter a brief conceptual and historical approach to the right to oblivion was carried out, as well as the possibility of applying this new right in the investigation phase of previous life in public tenders; In the second chapter, it was tried to approach the reintegration of the graduates from the penal system to society, under the bias of applying the right to oblivion for these people, as a way of making it possible to overcome their past. Also, it was about the opportunity for ex-convicts to take office in public positions against the principle of proportionality.