Versos da prisão: reflexões acerca dos efeitos da sentença penal condenatória no exercício de cargo público

Abstract

Condemnatory sentence ́s effects in the exercise of public office are analyzed, considering the historical context, the legal implications and the reflexes in the Public Administration. The role of the State in favor of the public interest involves its agents, who are responsible for carrying out the role of Public Administration. The prison sentence, when applied, generates significant consequences for the individual, whether during execution, facing ills, or in the face of social stigma and difficulties in reintegrating into the community. Within this context, the study focuses on the legal consequences of the conviction for the exercise of public office. In this scenario, the legislation establishes criteria for entering the public service, such as the enjoyment of political rights. The suspension of these rights, resulting from a final and unappealable criminal sentence, may prevent the holding of public office, and this issue is subject to judgment by the Supreme Court - Theme 1190. Additionally, the hypothesis of a convicted public servant, in compliance sentence in the open or semi-open regime, to have the possibility of carrying out their activities before the Public Administration, even with suspended political rights. The research is qualitative and descriptive, using bibliographic methodology with analysis of books, articles, legislation and jurisprudence. This study aims to provide a comprehensive analysis of the effects of the conviction in the context of the public service, contributing to the understanding of the legal implications both for the individual and for the Public Administration.