Loss of the right of suffrage as effect of criminal sentence: a comparative approach between Brazil and Portugal

Abstract

The text will make a comparison between the legal regime of the right to political participation that sentenced people in Brazil and Portugal. Initially, we’ll introduce the concepts of dignity, citizenship, suffrage and popular participation. Then it will be noted that, in order Portuguese, the restriction of voting rights is not automatically applied to the sentence, thus meeting, before cases and in a reasoned manner, the logic of proportionality and the functions of punishment. Then the problem will be addressed to our legislative system, in which, as is well known, the cassation of political rights is automatically applied. In the end, will be detach the situation of the prisoner provisional that, despite not having a final decision has curtailed their rights.