A separação das funções estatais no ordenamento jurídico brasileiro: uma análise da (in) constitucionalidade da manutenção do mandato do deputado condenado.

Abstract

This presente work looks to analyse the apparent conflict of constitutional requirements, descendant of the maintenance of the parliamentary mandate which has criminal conviction has become final, before the fact that have as consequence the suspension of condemned political rights. Appears then, the questioning about the immediate cassation or not of the elective mandate of the condemned. Having two positions about the theme, the first line of thought asserts that the suspension or privation of political rights entails in theory the immediate loss of elective mandate. In turn, the second current sustains the not apply to immediate loss of the political rights suspension, in which case would fit resolution by the Legislative House that belongs the parliamentary, to decide about the mandate cassation. Despite the Constitution provide for the suspension of political rights as an effect of condemnatory criminal sentence, and be that a hypothesis of mandate's cassation, there is also constitutional provision of deliberation about losing or not of elective mandate by the Nacional Congress that belong the parliamentary in the cases of criminal conviction has become final. Faced with this apparent conflict, and the discussion raised in the debate of on which standard should be applied to the case, is necessary the study of the subject, in order to find to settle the conflict. Therefore the present monograph uses the deductive method of approach and making use of constitutional exegesis, with the aid of the doctrine and homeland jurisprudence. Aims to comprehend the functions inherent each of the branches of Government, scrutinize political rights and eligibility conditions and the chances of cassation elective mandate.