POSSIBILITY OF CANDIDACY AND PARTY AFFILIATION OF INELIGIBLE INDIVIDUALS AND WITH POLITICAL RIGHTS SUSPENDED IN LIGHT OF SUMMARIES 19, 69 AND 70 OF THE TSE AND RELEVANT LEGISLATION

Authors

  • Jonas Mariano University of Fortaleza
  • Vinicius Rezende University of Fortaleza
  • Lúcio Freitas University of Fortaleza
  • Dr. Fernandes Neto University of Fortaleza

Abstract

This article explores the interaction between ineligibility and suspension of political rights in the context of Brazilian Electoral Law. Focusing on the fictitious cases of Josias and Jéssica, convicted for abuse of power and administrative improbity, respectively. The study analyzes the applicability of electoral norms to determine their eligibility in the 2024 elections. The investigation considers Complementary Law No. 64/1990, Law No. 14.230/2021, the Political Parties Law, and Summaries No. 19, 69, and 70 of the Superior Electoral Court. The methodology includes document analysis and review of relevant case law to evaluate the compatibility between ineligibility periods and the possibility of party affiliation. The central hypothesis is that, even after convictions, the new electoral norms allow for the reintegration of individuals into the electoral process, conditioned on the fulfillment of legal deadlines. The analysis reveals the necessity of specific intent to configure administrative improbity and examines party affiliation during periods of ineligibility and suspension of political rights.

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Author Biographies

Jonas Mariano, University of Fortaleza

Graduate intern at the Regional Electoral Court – TRE-CE, through an agreement with Unifor (2024). Lawyer. Graduate student in Electoral Law and Procedure at the University of Fortaleza – Unifor.

Vinicius Rezende, University of Fortaleza

Graduate intern at the Regional Electoral Court – TRE-CE, through an agreement with Unifor (2024). Lawyer. Graduate student in Electoral Law and Procedure at the University of Fortaleza – Unifor.

Lúcio Freitas, University of Fortaleza

Electoral Lawyer. Guest lecturer in the Graduate Program in Electoral Law and Procedure at the University of Fortaleza – UNIFOR. Postgraduate in Public Law.

Dr. Fernandes Neto, University of Fortaleza

Electoral Lawyer. Postgraduate Professor in Electoral Law at the University of Fortaleza, Unichistus, and UERJ. PhD in Constitutional Law and Political Theory. Current President of the Electoral Law Commission of the OAB-CE (2019-2024). Author of legal works.

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Published

2024-11-05

How to Cite

Mariano, J., Rezende, V., Freitas, L., & Fernandes Neto, R. (2024). POSSIBILITY OF CANDIDACY AND PARTY AFFILIATION OF INELIGIBLE INDIVIDUALS AND WITH POLITICAL RIGHTS SUSPENDED IN LIGHT OF SUMMARIES 19, 69 AND 70 OF THE TSE AND RELEVANT LEGISLATION. Suffragium - Revista Do Tribunal Regional Eleitoral Do Ceará, 12(21). Retrieved from https://suffragium.tre-ce.jus.br/suffragium/article/view/153

Issue

Vol. 12 No. 21 (2021): Suffragium - Revista do Tribunal Regional Eleitoral do Ceará

Section

Artigos

License

Copyright (c) 2024 Suffragium - Revista do Tribunal Regional Eleitoral do Ceará

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