Análise acerca da constitucionalidade da expressão “ou proferida por órgão judicial colegiado” inserta no Artigo 1º, I, “E”, da Lei das Inelegibilidades, com redação dada pela Lei da Ficha Limpa

Abstract

Abstract: The purpose of the present study is to discuss about the constitutionality, or not, of the device inserted in the Law of Ineligibilities (Complementary Law 64/1990), with the wording given by the Clean Record Law (Complementary Law 135/2010), which discipline is ineligible for any position those who have in their disfavour a court conviction issued by a collegiate body (even without the res judicata). In order to deepen the theme, this essay will focus on three institutes that are essential for a conclusion, namely: Constitutionality Control, the criminal matter related to the application of the Clean Record Law and Electoral Law to, at the end, In this way, we may be able to assess whether the fraction of the electoral law under discussion is in line with constitutional dictates. In order to achieve the results we expect, we will take a threefold path that will encompass doctrine, jurisprudence and, of course, the legal framework governing life in society. In due course, it is necessary to emphasize that the present work does not have the audacity to end the discussions on the subject, but only to contribute to the debate.