A (in) elegibilidade reflexa do cônjuge supérstite na interpretação da súmula vinculante n° 18 do Supremo Tribunal Federal.

Abstract

The eligibility conditions pervade the assurance that there is actually a democractic regiment, since the electoral rules must be respected by the citizen who wants to legitimate himself passively and actively by voting. Therefore, those should not be dissociated from the causes of ineligibility because they are both essential in order to respect the parity of arms between the candidates in the electoral campaign. Specifically, the reflexive ineligibility dictates various doctrinal and jurisprudential understandings about the hipotesis in which the surviving spouse aims to perpetuate itself in the political sphere through application register after the death of the office holder. This work aims to study the Electoral Law regarding the need for a consolidated position on the reflexive ineligibility of the remaining wife or husband, comparing doctrinal differences and the courts which ended with the creation of Binding Precedent 18. Then, our goal is to evaluate some specific cases concerning the death of the Head of the executive Branch during the term of office.