The suspension of political rights in light of the principles of individualization of punishment and proportionality

Authors

  • Dyrceu Aguiar Dias Cintra Junior

Keywords:

Political rights, Suspension, Individualization of punishment, Proportionality, Criminal conviction

Abstract

The text examines the suspension of political rights due to a final criminal conviction, provided for in art. 15, III, of the Federal Constitution, analyzing its self-executing nature and scope. It argues, based on case law and doctrine, that the norm is self-executing, but criticizes the broad interpretation that extends suspension to any conviction, including those benefited by sursis or a fine. It defends that suspension is justified only when the serving of the sentence effectively deprives the convicted person of the exercise of citizenship, under penalty of offending the principles of individualization of punishment and proportionality. It concludes that only incarceration makes the exercise of political rights unfeasible.

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References

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Published

1996-07-01

How to Cite

CINTRA JUNIOR, Dyrceu Aguiar Dias. The suspension of political rights in light of the principles of individualization of punishment and proportionality. Brazilian Journal of Criminal Science, São Paulo, v. 15, n. 15, p. 89–96, 1996. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3515. Acesso em: 20 oct. 2026.
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