Considerações jurídico-legais acerca do afastamento de militar com menos de dez anos de serviços para candidatura em pleito eletivo

Abstract

The present work has as its general objective the analysis of the expression “to depart” brought by item I of paragraph 8, article 14 of the Federal Constitution of 1988, while, as specific objectives, it will seek to carry out a historical survey about the theme in the Brazilian Constitutions, present the doctrine's dominant position and identify the position of the main Brazilian courts on the constitutional text described above. Article 8, which will be discussed in the present paper, imposes removal of the military with less than ten years of career in the corporation, if they want to run for elective office, however there are gaps in the constitutional wording, which were interpreted by the Superior Electoral Court and the Supreme Federal Court , which this work aims to criticize, in view of the position of excessive limitation to the political rights of these people. The analysis will be made through the study of Brazilian doctrine and jurisprudence, taking as source the understanding of the Supreme Federal Court and the Superior Electoral Court about the theme. The work, in addition to a constitutional bias, has a bias in political science, concerned with promoting a criticism about the majority and legal understanding of how the political rights of the Brazilian military should be applied and practiced. We conclude, through this, that the Constitutional text imposes on the military with less than ten years of career a limitation that prevents them from entering the Brazilian political life, these limitations being not effective in the search for an egalitarian society, as will be demonstrated by reading this job.