Contas julgadas irregulares pelo Tribunal de Contas da União e seus efeitos eleitorais

Abstract

The Electoral Law is the branch of public law that is responsible for regulating the political rights and also its process. It is also the right field the precepts of democracy in its political manifestation, safeguarding the people's explicit will in the electoral process. In mid-2010 Brazilians citizenships contemplated what might be called one of the greatest advances in fighting corruption in Brazil's history, the enactment of Complementary Law No. 135/2010, which makes ineligible those who those who do what is exposed in the supplementary law. Ineligibility arising of that law, falls also on those who have their accounts in the position of public managers, rejected by irremediable irregularity set wrongful act of administrative misconduct and unappealable decision of the competent body. The law has suffered several setbacks, but after a year and nine months of its enactment was considered constitutional by the Supreme Court. In the opinion it was understandable that the aforementioned law did not offend the constitutional principle of legal retroactivity and the presumption of innocence, then understanding that this would only be a condition for participation in the electoral contest. In short, the law becomes ineligible for eight years, the candidate who has the mandate revoked, give to the cassation be avoided or suffer condemnation by decision of collegial body, even if they are still subject to resources. The nicknamed Clean Record Law left the popular initiative and had around 1.3 million signatures of the Brazilian electorate in print, not counting the adhesions by electronic petition. By accomplishing this triumph Brazil proved no less but highly resolute in the pursuit of a better and more just society, by beginning to promote screening on those who may one day be their rulers.