A (ir)retroatividade da lei da ficha limpa: inelegibilidade dos condenados por abuso de poder em órgão colegiado do poder judiciário.

Abstract

This monographic work addresses the questioning of the retroactive application of the ineligibility of Article 1, item I, letter "d" and article 22, item XIV of Complementary Law No. 64/90, with wording given by Complementary Law 135/10, which was determined by the Federal Supreme Court in Extraordinary Appeal No. 929,670. The subject is developed with the title "From (Go) Retroactivity of the Clean Sheet Law: Ineligibility of those convicted of abuse of power in a collegiate body of the Judiciary". The study focuses on analyzing the concept, classification and hypothesis of ineligibility foreseen by Complementary Law 64/90, the possibility of disincompatibility, the editing context and the changes printed by Complementary Law 135/10, in addition to the decisions for retroactivity and the not modulation of effects pronounced by the Federal Supreme Court. Comments are made on these decisions in order to disappear the first and recognize the coherence of the second. For that, we used the deductive research method, which starts from the general for the individual in search of a reasoning; as well as the research technique of direct documentation, since with the aid of the senses a systematic analysis of data is carried out; and the type of bibliographic research was carried out through the analysis of books, scientific articles and dissertations of master, jurisprudence and legal and constitutional text. The choice of the topic is due to the intention to stimulate the debate on the recent decisions that bring with it important consequences for the electoral and representative system in vogue. In order to analyze the Federal Supreme Court's decision to review Complementary Law No. 135/10, analyze the content of this law, examine the appeal and understand the cause of ineligibility in discussion in this appeal, the problem of the research has been elucidated: What are the effects that derive from the decision of the Federal Supreme Court regarding the retroactivity of the Clean Sheet Act? And the hypothesis was proven: the retroactivity decision is disappointing for violating the judgment and the perfect legal act, in addition to violating fundamental political rights and the decision not to modulate effects is considered to be consistent, since it is considered that modulation would be in complete incompatibility with retroactivity.