ASSIM NA TERRA COMO EMBAIXO DA TERRA, BY ANA PAULA MAIA, AND THE POLITICAL EXCLUSION OF THE INCARCERATED

Abstract

The suspension of political rights by criminal conviction with res judicata causes the suppression of citizenship of the convicted persons. As a consequence, these individuals, especially those imprisoned, experience political exclusion because of the lack of state protection of their political rights. The suspension mentioned has the effect of making politically invisible this group of individuals who will not be a political contingent capable of influencing political representation and, therefore, will not be the recipient of public policies implemented by state political activity. In addition, there is the precarious effect of the Brazilian penitentiary system that has even been considered an unconstitutional State of Things by the Federal Supreme Court. This article aims to demonstrate that the suspension pointed out violates fundamental principles laid down in the Brazilian Constitution of 1988. For the demonstration of the study presented, the work Thus on the earth as under the earth, by Ana Paula Maia. The method is the deductive, because from theories, official data and specialized doctrines, the intended conclusion is based. The conclusion points to the need to interpret the suspension of political rights in line with the constitutional system, as a way of social inclusion of people convicted of crime and strengthening democracy.