Abordagem acerca da inaplicabilidade da Lei nº135/2010 em decorrência do voto do ministro Luiz Fux.

Abstract

This work aims demonstrate, analyze and comprehend the legal principles and arguments that led the Federal Supreme Court, specifically minister Luiz Fux's vote on deciding against the legal feasibility of the Clean Ticket Law applicability in elections of 2010. It does an explanation about the morality in Public Administration, as well as the principles that rules it, apart from the importance of the morality principle in the fight against corruption. It delimits the administrative improper concept, approaching corruption as a result of a historical process that follows the Brazilian society evolution since Portuguese colonization. It explains the importance of popular participation, which is essential to improve the current political panorama, characterized as the embodiment of the democratic principle constitutionally anointed. It explains the Clean Ticket Law as an institute that will bring a significant improvement for the public official profile. It analyzes the reasons for the minister Luiz Fux's vote, demonstrating the principles that influenced him, pointing out the positions for and against the implementation of the abovementioned Act, and ultimately demonstrates the importance of such a device to lessen the harm of harmful practices in Public Administration. It is aimed demonstrate that only with a better education of the people, a public profile improvement and a significant reduction of corrupt practices Brazil will achieve the desired social development for everybody.