A inconstitucionalidade na vinculação da suspensão dos direitos políticos em razão do inadimplemento da multa criminal

Abstract

From the academic stage in the Court of Criminal Executions of Vitória, responsible for the open regime, the interest for the subject of the study proposed here arose. The inquiries of those affected by the Penal System and the contradiction between the rules and the conditions imposed to comply with them, leapfrogged. The purpose of this research is to examine a practice of the aforementioned notary, and to find out if the link between the suspension of political rights and the criminal fine is in compliance with the objectives established by the Democratic State of Law, due to the constitutional principles listed in the Federal Constitution of the Republic. At this point, the criminal fine is analyzed, which, even if it has an active debt character, has the power to suspend political rights (read, suspend the citizen's voter's title) of those who, sentenced to custodial sentence cumulatively with penalty of fine, to fulfill all the corporal reprimand leaving only to adimplir with the debt owed next to the Public Treasury. In this step, the study examines the real impact of such a link in the real life of ex-prisoners, seeking to relate the lack of voter registration with the rights and duties of citizens, seeking a relationship with said functions of the sentence. For this analysis, it was necessary to use concepts of Constitutional Law, Criminal Law and Criminal Procedure, and despite the lack of legal debate on the practice here presented, jurisprudence and a series of doctrinators were enough, to forcefully demonstrate the unconstitutionality of the acts indicated herein. The work proposes a specific look at this part of the criminal execution, which is almost ignored by the legal community, not coincidentally, behold those affected are those belonging to the most marginalized sectors of capitalist society, and in turn, seek only the disengagement with the criminal justice system