The extinction of punishment and the right to be forgotten: stigmatization in the digital age

Abstract

This article investigates the challenges and limitations related to the extinction of criminal liability and the right to be forgotten in the digital age. The objective is to analyze how permanent access to personal data influences the image of individuals who have not been criminally punished but remain exposed to social judgments. The central problem can be formulated as follows: is it legitimate and legally admissible to keep digital records of extinct criminal acts indefinitely, even when there has been no formal punishment by the State? The issue becomes relevant in view of the social stigmatization resulting from the persistence of this information, especially on online platforms. The research is justified by the need to establish guidelines that harmonize these fundamental rights in a context of heightened digital exposure. A qualitative approach is employed, based on a literature review and an analysis of national and international case law. The main hypothesis is that the implementation of public policies, combined with technological solutions, can mitigate the effects of social stigmatization resulting from the persistence of criminal records on the internet. The study concludes that adopting legislative, educational, and technological measures is essential to ensure the dignity of individuals while preserving informational transparency in an increasingly digitalized society.