O direito ao esquecimento e a proteção da dignidade dos egressos do sistema prisional: um estudo à luz da obra literária "os miseráveis"

Abstract

The present work has as its scope the analysis of the right to forgetfulness, relating it to the question of social reintegration and the difficulties experienced by individuals who, seeing their sentences fulfilled with justice, are in the condition of being graduates of the prison system. It seeks to understand how important, as well as how feasible the application of the right to oblivion for the resocialization of the citizen egress and the preservation of their human dignity. To this end, the analysis of the legal bias is carried out together with the study of the novel The Miserables, by Victor Hugo. Through the establishment of relations between doctrinal thought and the literary plot, a new look on the subject is explored. In this way, an analysis of the purpose of the sentence, its modes of application and its reprehensible nature of the offense will be carried out. It will then discuss the fundamental rights involved and their collision, which may lead to the application of the right to forgetfulness; as well as on the identification of the public interest involved. Finally, it will be the plot of The Miserable ones examined in the light of the understandings until then elaborated.