Análise crítica sobre a eficácia da ação de impugnação de mandato eletivo.

Abstract

This scientific research seeks to analyse the effectiveness of action to challenge for elective office under Article 14, Paragraphs 10 and 11 of the Federal Constitution. Given the high numbers of resources, that action be making just damaged, and, with that corrupt politicians are still in the political landscape. The method used is the exegetico-legal, historical and comparative, with the end of precipuo clarify the issue and develop this scientific work. For the clarification of legal debate and a better understanding of the issue, it addresses the historical evolution of the Electoral Law in the Brazilian scenario, since its origin to its structure in the existing constitutional order. Subsequently, covers the general aspects of action challenges to elective office. Finally, the study focuses on the effectiveness of this action, seeking with this, demonstrate the difficulties of implementing legislation in specific cases of electoral challenge of elective office. The controversy of the proposed topic is based on the absence of a law regulating the processing of such action, which in most cases may make this remedy ineffective, and aims to show that the resources or the liminary granted in favour of candidates which had its mandate revoked ultimately also render the exercise of this important instrument to fight corruption. Thus, the intention of this work, is to show that the action challenges to elective office is an efficient way to combat fraud, abuse of economic power and other acts harmful to democracy.