A lei da ficha limpa e o princípio da presunção de inocência
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Date
2020-06-07
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Publisher
Universidade Católica do Salvador
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.
Description
Keywords
Ficha limpa, Presunção de inocência, Probidade, Clean sheet, Presumption of innocence, Probity