Improbidade administrativa no direito eleitoral

• Autor(a) principal: Aris, Thalita Abdala
• Data de Publicação: 2012
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/6004
• topic: Moralidade administrativa; Improbidade administrativa; Representação política; Direito eleitoral; Ficha limpa; Administrative morality; Administrative improbity; Political representation; Electoral law; Clean record; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The present work has the scope to analyze the principles of administrative morality and administrative probity within the Electoral Law, specially for the purposes of political representation, based on the articles 14, § 9, and 15, V, of the 1988 Federal Constitution. An assessment will be made of the Complementary Law nº 64/90, recently altered by the Complementary Law nº 135/2010, the later being commonly known as Clean Record Law , which foresees hypothesis for ineligibility aiming to protect the administrative probity and the morality for the term to come, considering the previous life of the candidate. The decisions of the Federal Supreme Court which dealt with the constitutionality of the Complementary Law nº 135/2010 will be highlighted, given that the discussion on administrative morality and its relation with the right to stand for election has never been on the spotlight such as on these days. The foreseen hypothesis of administrative improbity that are relevant to the Electoral Law will also be verified, by observing the outlines established by the Law nº 8.429/92. The provisions concerning the administrative improbity on Electoral Law are those on the article 15, V, of the 1988 Federal Constitution, article 1, I, items g and l , of the Complementary Law nº 64/90 and article 73, caput and § 7, of the Law nº 9.504/97, which will be assessed specifically. Due to the scarcity of doctrines on this theme, it will be analyzed under a jurisprudential approach, with attention to the legal requisites that assure the morality and administrative probity, inextricable elements of a political term