THE MARK OF CAIN – A PHILOSOPHICAL-LEGAL REFLECTION ON THE RIGHT TO BE FORGOTTEN IN THE FACE OF THE UNCONSTITUTIONALITY OF PERPETUAL SENTENCES IN THE CONTEXT OF THE RESOCIALIZATION AND SOCIAL REINSERTION OF PRISONERS

Abstract

This study analyzes the social stigmatization of convicts in Brazil and its impacts on the reintegration and social reintegration of those who have already served or are still serving their sentences. To do so, it confronts the incompatibility between the right to be forgotten and the constitutional prohibition of life sentences, also considering the right to reintegration of convicts in light of the principle of human dignity. As a metaphorical resource, it uses the biblical narrative of the "Mark of Cain", which symbolizes the stigma imposed on those who have committed crimes, following them even after they have served their sentence and making their reintegration difficult. Just as Cain carried a mark that differentiated him and made him a target of rejection, ex-convicts face ongoing social punishment, which goes beyond the criminal sanction imposed by the State. In this context, the case of Suzane von Richthofen stands out, which exemplifies how stigmatization operates as an unofficial sanction, denying the possibility of rehabilitation. The research adopts a qualitative methodology, based on bibliographic review and jurisprudential analysis, with a focus on the Federal Constitution, the Penal Execution Law and decisions of higher courts and the apparent conflict of constitutional norms.