Preso cidadão: os direitos políticos do criminalmente condenado: uma análise da alistabilidade do delinquente

Abstract

A person who commits a crime in Brazil, after being convicted of a final judgment, has suspended his right to vote in elections and referendums. This effect of the condemnation derives from the prevailing interpretation in the Federal Supreme Court, directed to a literal exegesis, about the constitutional norm that regulates the suspension of political rights in this hypothesis. Given what this understanding implies for the legitimacy of democratic representation and the absence of public policies directed to the prison population, this study seeks to analyze its legality. Thus, it examines the various categories of political rights and their nature, as well as the adequacy of the delinquent's political suppression with the applicable penal principle, aiming at the deepening of other hermeneutic techniques for the abstraction of the meaning of the constitutional norm analyzed. From a more consistent interpretation of these parameters, the suspension of political rights is evaluated in some specific hypotheses, as well as the comparison with the active electoral capacity of the condemned in some important cases in Comparative Law, and also anticipating the execution of the hypothesis of preservation of the voting rights of the convicted.