Banca de QUALIFICAÇÃO: ADEMAR APARECIDO DA COSTA FILHO

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : ADEMAR APARECIDO DA COSTA FILHO
DATE: 08/12/2025
TIME: 16:00
LOCAL: AUDITÓRIO MIROSLAV - FACULDADE DE DIREITO - UnB
TITLE:

Legal Topic and Democracy: A Rhetorical Investigation of Ineligibilities

KEY WORDS:

Theodor Viehweg. Ineligibilities. Rhetoric. Analytical Rhetoric. Legal Topic. Political Representation. Electoral Accountability. Electoral Authenticity.

PAGES: 150
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The research departs from the premise that corruption and the infiltration of organized crime into the Brazilian political system are not episodic but rather structural and persistent phenomena since the country’s redemocratization. The 1988 Constitution, while instituting new forms of control and transparency, also produced enduring tensions between the legal and political systems, which became evident in recurring crises—from the scandals of PC Farias and the “Budget Dwarfs” to Operation Car Wash (Lava Jato) and the subsequent Vaza Jato leaks. These episodes reveal the entanglement of political, economic, and criminal elites, consolidating forms of state capture and a deficit of electoral and representative accountability. In this context, the thesis investigates how actors involved in illicit practices remain politically eligible and legitimized. Its central problem is to identify the operational conditions of judicial-electoral accountability, responsible for ensuring administrative probity and the legitimacy of the democratic process (Article 14, § 9 of the Brazilian Constitution). To this end, it proposes a basic investigation (in Viehweg’s sense) of the institution of ineligibilities, analyzing its underlying theory, the dominant legal dogmatics, and the juridical ideology that sustains it. The theoretical framework is the rhetorical-topical conception of law developed by Theodor Viehweg and expanded by Tércio Sampaio Ferraz Jr., Cláudia Roesler, and Katharina von Schlieffen, according to which law is understood as a discursive and argumentative practice oriented by problems and historical contexts. From this standpoint, the thesis adopts a rhetorical-analytical method, articulating the levels of material, strategic, and analytical rhetoric (Ballweg; Adeodato), to examine how juridical discourse constructs and stabilizes the meaning of ineligibilities in Brazil. The central hypothesis is that the foundational theory of ineligibilities is fragmented and outdated, requiring revision and reunification in light of a rhetorical theory of law. This reconstruction, the thesis argues, is essential to restore the authenticity of political representation and the democratic meaning of the institution. Ultimately, it proposes that the discourse on ineligibilities should be reinterpreted as an open field of problematization rather than as a mere exclusionary technique, reaffirming the role of rhetoric in the democratic reconstruction of Brazilian Electoral Law.

COMMITTEE MEMBERS:
Presidente - 1716148 - CLAUDIA ROSANE ROESLER
Externo à Instituição - DANIEL GUSTAVO FALCÃO PIMENTEL DOS REIS - IDP
Interno - 2132953 - ISAAC COSTA REIS
Externo à Instituição - NEY DE BARROS BELLO FILHO - UFMA