Electoral capacity: elegibility and ineligibility for entry of occupation in elective office

Abstract

This work identifies a search to analyze the filtering of the ticket for occupation of elective positions, knowing the conditions of elig.ibility and ioegibilidade in relation to the Law of the Clean Sheet. Considered a bibliographical research 011 the subject focused, especially literature specialized in Electoral Law. The elaborated research brings in its beginnings brief considerations around the enlightenment of who is the elector according to the Federal Constitution, presenting still the main characteristics. It then raises considerations about eligibility and its legal factors in ligbt of the Federal Coostitution. Continuing to bigblight legal considerations of inegibilidad according to the Constitution. Finally, the paper highlights a discussion about the Clean Sheet Law, highlighting the current Brazilian scenario, aiming to protect administrative probity, morality for the exercise of a tenn considered the candidate's previous life, and the normality and legitimacy of elections against influence of the economic power or the abuse of the exercise of function, position or employment in the direct or indirect administration; tbus, ineligibility is the legal status of absence or loss of eligibility, the negative legal status of those wbo do not have the right to elect. ln order for tbe citizen to be a candidate for elected office, it is necessary to fulfill the constitutional and infra-constitutional presuppositions, called eligibility conditions. Since, tbe right to vote (ius singulii) is a presupposition of the right to be voted (ius honorum). ln view of the above, it is possible to conclude that, if a person does not have the eligibility conditions, he becomes ineligible. For this reason, the opposite definition of eligibility is often attributed to ineligibility, which is a mistake.