O Conselho da Comunidade e o usufruto da cidadania da pessoa privada de liberdade: um estudo de caso na Comarca de Pelotas/RS.

Abstract

This work was guided by the problem: How does the Council of the Criminal Execution Community of the District of Pelotas, within the figurations of the penitentiary issue, act with regard to the enjoyment of citizenship by an individual deprived of liberty? To answer this question, we use Norbert Elias' notion of figurations, to understand the context in which the Community Council is inserted and carries out its activities. The concept of citizenship was used based on José Murilo de Carvalho, Wanderley Guilherme dos Santos, James Holston and Jessé Souza. We selected the case study as a methodology, using document analysis techniques, archive records, participant observation and semi-structured interviews. Data analysis occurred through discursive textual analysis. As a result, we observed figurations in which the Community Council develops its activities permeated by friction and collaboration, depending on the purpose of the action. The citizenship of a person deprived of liberty can be named as degrading, being caused through action or inaction, the latter also purposeful. There is a formal belonging of people deprived of their liberty to the concept of citizens, but the enjoyment of the rights inherent to citizenship is neglected. In the end, it can be concluded that, within the established figurations, the Pelotas Community Council helps to expand the enjoyment of citizenship, albeit in a limited way.