A ação de impugnação de mandato eletivo - AIME.

Abstract

This paper analyzes the practice of illegal capture of suffrage in the view of Political Rights and the Challenge of Action Mandate Elective (AIME). For this, first we tried to identify within the provisions of the Federal Constitution of 1988, the requirements for the acquisition of an elective office which are: Brazilian nationality; full exercise of political rights, voter registration, electoral domicile in the district, party affiliation and age according with the office to which you are applying. Later, that it will be negative political rights, which refer to the ineligibility provided for in the Constitutional text and infra. In what concerns the AIME this presents itself as a constitutional instrument for the purpose of deconstitute the political mandate of the elected candidate who used illicit means in the election to succeed, configured through the abuse of economic power, corruption or fraud. There will be an analysis of the action challenge itself, since its origin, evolution, concept, as well as linking it to another important action of the Election Law which is the Electoral Action of Judicial Investigation (AIJE). As the end approached, his constitutional requirements, highlighting some controversial aspects, such as the time for filing, processing secret of Justice and its chances of appropriateness. The methodology was based on the analysis of the doctrines that deal with the Electoral Law and Constitutional Law, as well as court decisions handed down by the Supreme Electoral Tribunal, TSE.