A moralidade como condição de elegibilidade.

Abstract

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.