AN ANALYSIS OF THE EFFECTS OF THE LOSS OF POLITICAL RIGHTS ON PRISONERS IN THEIR RESOCIALIZATION PROCESS

Abstract

This article aims to analyze the obstacles caused by the loss of political rights of convicts in their resocialization process. To this end, a literature review on the subject is conducted, along with a bibliographical analysis of the most recent decisions from higher courts on the matter. The paper evaluates the lack of causal connection in the application of the loss of political rights to all convicts, even in cases where the crime committed has no relation to this punitive effect, thus hindering the convict’s political identity and, consequently, their access to participation in society on various levels. The study also points out the various consequences stemming from the loss of political rights for convicts and the absence of a “gradation” that corresponds to the progression of the prison regime throughout the execution of the sentence. In conclusion, it argues for a more restrictive and forward-looking interpretation of the constitutional provisions to ensure the effectiveness of resocialization for convicts in Brazil.