FEITOSA, A. A. A.; http://lattes.cnpq.br/3420402789242823; FEITOSA, Alexandre Alencar de Andrade.
Resumo:
The present paper has as object of study the morality as a condition of eligibility. The
discussions about self applicability of § 9 of art. 14, of CF / 88 have been brought already to
the Superior Electoral Court and to the Supreme Court where stayed pacified its not self
applicability. However, the morality as a condition of eligibility was not analyzed. The main
goal of this paper is on the analysis of the understandings of the TSE, STF and doctrinaires
about morality as a condition of eligibility. On the other hand, the secundary goals are in
search to understand the institute of constitutional morality, considered the past life of the
candidate, and the forms of analysis and constetation of applications by the judiciary. The
methodology utilized presents itself through qualitative and deductive methods, presenting the
obtainment of sources by indirect method through bibliografic collections such as books,
scientific articles, judged, laws and the Federal Constitution, enabling an analysis about the
proposed theme in this paper, dividing the research into three chapters. First of all, addressing
the relationship between the Law and the Moral, which always was and still is a challenge for
the philosophers determine the similarities and differences between them. With the advent of
the Federal Constitution of 1988 , morality becomes a fundamental principle of public
administration and of mandatory compliance by public officials. Then, the eligibility
conditions that are provided in the Constitution are discussed, namely: Brazilian nationality,
the full exercise of political rights, electoral enlistment, electoral domicile in the constituency,
party affiliation and age (according to the position). The Constitution, in order to hamper the
rise and staying power of immoral or amoral politicians, brings the institute of the morality,
notedly as condition of eligibility, considered the past life of the candidate. It highlights the
importance of the theme by the necessity of society in having fair elections and honest
politicians in the candidate condition.