Da improbidade administrativa à inelegibilidade: limites e admissões no direito eleitoral

Abstract

The research has as general objective to verify how electoral law acts in relation to the electoral capacity of political agents, based on administrative probity and administrative law in general, relating ineligibility and improper administrative conduct. The study can be characterized as a bibliographical and documentary research, qualitative and exploratory. In relation to the methodological procedures, a literature review was carried out around the universe of books, scientific articles and jurisprudential understandings, among others, aiming to establish critical arguments that contribute to the understanding of the legal discussion that deals with limits and admissions of improper administrative conduct and ineligibility in Electoral Law. Law no. 8,429 / 1992, the Administrative Improbability Law, regulated and classified acts of administrative improbability in three modalities: Art. 9 - illicit enrichment of the public agent; Article 10 - actual loss to the Treasury; and Art. 11 - violation of the principles of Public Administration. But, as a rule, the ineligibility resulting from the condemnation of the public agent and the suspension of political rights can only be applied by virtue of the willful act of the simultaneous violation of illicit enrichment of the public agent and actual damage to the Treasury. The hypothesis of ineligibility due to the incidence of only one of these classifications of Improper administrative conduct, or separately inflicted, is forbidden.