Representatividade eleitoral o vício de corrupção no processo legislativo e sua declaração de inconstitucionalidade

• Autor(a) principal: Carmo, Raisa da Silva
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal de Alagoas (UFAL)
• Texto Completo: http://www.repositorio.ufal.br/handle/riufal/2526
• topic: Corrupção na política – Brasil; Ação de inconstitucionalidade - Ato de corrupção; Processo legislativo; Princípio da confiança; Representatividade eleitoral – Direito político; Electoral representativity; Unconstitutionality; Legislative process; Corruption; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The convictions of parliamentarians for the practice of corruption are growing. In some cases corruption is practical during the legislative process, in which the parliamentarian uses his voting power to negotiate the approval of normative species through the payment of undue advantages. After the judgment by the STF of Penal Action n° 470, ADI n° 4889 was filed with the petition for a declaration of unconstitutionality on the grounds that this court condemned some of the parliamentary leaders of the bench in that PA by virtue of receiving a bill to vote in favor of EC n 41 (Pension Reform). This norm was approved in accordance with the formal limits established for its process, as a quorum of 3/5, a two-round vote in both houses of Congress. There is also no material defect, since the legislated content does not present any violation of the constitutional principles and rules. In this way, the unconstitutionality of norms approved in these terms is characterized as a defect for corruption. The vice of corruption is apt to lead to the declaration of unconstitutionality, because of this being violation to the political right of electoral representation that bases the representative democracy.