SANTOS, M. W.; http://lattes.cnpq.br/2452260625859640; SANTOS, Marília Wandevelde dos.
Résumé:
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.
