POSSIBILITY OF TAKING OFFICE IN A PUBLIC POSITION BY A CANDIDATE WITH POLITICAL RIGHTS SUSPENDED DUE TO CRIMINAL CONVICTION: ANALYSIS OF RE 1.282.553 (THEME 1.190 OF THE BRAZILIAN SUPREME FEDERAL COURT)

Abstract

This article analyzed the possibility of taking office in a public position by a candidate whose political rights were suspended due to a final criminal conviction, based on Extraordinary Appeal No. 1.282.553 (Theme 1,190 of the Supreme Federal Court). The study aimed to understand the constitutional limits and the legal and social effects of the decision in light of the principles of human dignity, legality, the social value of work, and the rehabilitative function of punishment. The research was conducted through a qualitative approach, exploratory and descriptive in nature, using the deductive method and a case study, supported by doctrine, legislation, and jurisprudence. The results indicated that the Supreme Federal Court established that the suspension of political rights does not automatically prevent appointment to a public position, provided that the offense is unrelated to the duties of the position and that the prison regime is compatible with the exercise of the function. It is concluded that the precedent established a systematic interpretation of Article 15, item III, of the Federal Constitution, reaffirming the centrality of fundamental rights and the importance of work as an instrument of social reintegration.