A lei da ficha limpa e o princípio da presunção de inocência

Abstract

The development of a just society requires a full foundation in its legal approaches that permeate the various public policies, respecting the traditions and idiosyncrasies. In this sense, considering that the Federal Constitution is founded on its principles, to overcome these pillars in a crystalline way the abuse of rights. In another path, Complementary Law No. 135/2010, the “Clean Record” Law, which created restrictions on the passive ability to be voted, creates hypotheses that corroborate the ineligibility, among them the unappealable convictions, the mismatch. Appears, in face of Article 5, LVII, CF, the principle of the presumption of innocence. This article starts from the research question: is there a contradiction between the “Clean Record” Law in face of the principle of the presumption of innocence? The general objective was to investigate whether Law 135/2010 had an extremely punitive or preventive character, protecting the political mandate against the attitudes of individuals who are potentially capable of not exercising their mandate in a manner consistent with the title of probity. Therefore, it is relevant to analyze, in view of the constant struggle for concrete justice, as specific objectives there was a reflection on the possible existence of contradiction between the Law of the “Clean Record” and the principle of the presumption of innocence, duly reflected in the light of the Federal Constitution. As a methodology, a bibliographic review and analysis of documents (applicable legislation and data from the Court) were used.