Banca de DEFESA: Caroline Maria Vieira Lacerda

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Caroline Maria Vieira Lacerda
DATE: 12/06/2024
TIME: 10:00
LOCAL: SALA A1-04 - FACULDADE DE DIREITO - UnB
TITLE:

The Presumption of Innocence and the Sanction of Ineligibility Due to Acts of Administrative Misconduct Not Finalized in Court Electoral Implications of the Amendments Introduced by the Administrative Misconduct Law (Law No. 14,230/2021)

KEY WORDS:

Ineligibility,Presumption of Innocence, Administrative Misconduct, Clean Record Law ,Ineligibilities Law.

PAGES: 175
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This paper analyzes the theme of ineligibilities in cases of administrative misconduct, focusing on the debate around the application of penalties before the final judgment of the conviction, as specified by the provisions of subparagraphs g and l of paragraph I of Article 1 of the Ineligibilities Law (LC No. 64/1990), amended by the Clean Record Law (LC No. 135/2010). It addresses the punitive legal nature of ineligibilities to define the inconsistencies in their implementation before the final judgment of the conviction decision, for violating the presumption of innocence, being incompatible with the punitive nature, and generating inequality in the treatment of candidates. To correct the lack of predictability in the duration of the suspension of passive electoral capacity, the Administrative Misconduct Law (Law No. 8.429/1992, amended by Law No. 14.230/2021) mentioned, albeit timidly, electoral provisions in some of its devices. Especially in Article 12, § 10, it alludes to the deduction of the time of suspension of political rights from the period of ineligibility, with the aim of avoiding situations where the ineligibility period exceeds the time of suspension of political rights. Despite the intention to generate greater legal certainty in electoral matters, it is evident that the norm still lacks technical robustness to differentiate the suspension of political rights from ineligibilities resulting from sanctions for misconduct. Nevertheless, there is a notable advancement in the discipline of the intersection of administrative law with electoral law. However, the Supreme Federal Court suspended the effectiveness of this rule because it may violate the prohibition against regression and the principle of proportionality. This decision reinforces the need to rethink ineligibility before the final judgment. Early ineligibility can have serious consequences for the candidate, such as damage to their political career and public image. The requirement for a final judgment for ineligibility does not mean dispensing with administrative probity or morality for holding an elective mandate but adherence to the presumption of innocence and legal certainty, foundations of the Democratic State of Law. It is necessary to seek solutions that reconcile the need to punish acts of misconduct with the guarantee of citizens' political rights. 

COMMITTEE MEMBERS:
Externo à Instituição - JOSÉ EDUARDO MARTINS CARDOZO - PUC - SP
Interna - 1150035 - FERNANDA DE CARVALHO LAGE
Externo à Instituição - GILMAR FERREIRA MENDES - IDP
Presidente - 1151990 - MAMEDE SAID MAIA FILHO
Externa à Instituição - MARCIA PELEGRINI - PUC - SP