Da cidadania plena à morte política: perspectivas críticas sobre a suspensão do direito ao voto de pessoas com condenação criminal no Brasil
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2017-11
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Amaral, Thiago Bottino do
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Taking felon disenfranchisement in Brazil as a concrete issue, this piece reflects on the phenomenon of political death, analyzing its consequences and possible ways of transforming reality. In the case of convicted felons, restrictions on the franchise have a double effect: it regulates the right to vote, as well as imposes an additional punishment. On its regulatory side, this measure determines access to democratic participation and representation, making full citizenship impossible for felons. Efforts to change it would make elections broader and more equal, giving rise to a process of democratization. As an additional punishment, political death reflects selectivity in criminal law and affects a black and poor minority, constituting a collectivity of second-class citizens. Furthermore, those individuals suffer the disciplining and humiliating effects of their exclusion, in a process that destroys their subjectivity and imposes a degradation ceremony within a democratic regime. Because of the outcomes of political death on democracy and society, the Brazilian context was compared to other countries and the understanding of international organizations on this issue. Thereof, two possible courses of action were identified: a judicial one and a political one. As a solution, it is proposed a combination of both, in a strategy that merges litigation and political mobilization.