Maus antecedentes e o direito ao esquecimento : uma análise crítica do tema 150 de repercussão geral

Abstract

Among the legal circumstances are criminal records, an institute that analyzes the agent's entire criminal history so that the dosimetry of the penalty is properly assessed. The Superior Federal Court recently reactivated the discussions on the temporal limitation considering the bad antecedents, where it lists the provisions of the Penal Code for the institute of recidivism. The fact that the right to be forgotten does not have an express provision in the Brazilian legal system, did not prevent it from being used as the main basis in several lawsuits. Thus, we sought to make a critical analysis regarding the theme 150 of general repercussion, that is, “the five-year period of prescription of recidivism, provided for in art. 64, I, of the Penal Code”. The context of the right to be forgotten was evaluated, where the history, definitions, principle basis and its applicability in the Brazilian legal system will be analyzed. It deals with the theme of bad records and how the institute has been understood and applied in the scope of criminal justice. Finally, supported by the above issues, we will face the central issue, namely, the critical analysis of the theme 150 with general repercussion in the face of the right to be forgotten and to bad antecedents in the application of the penalty. The approach method used was the deductive one, through bibliographical and doctrinal research.