Retrocesso político e ficha limpa: Análise da Lei Complementar n. 135/2010 sob o enfoque do Princípio de Irreversibilidade Política

Abstract

The level of protection achieved by the political right provided for art. 14, § 9, of the Constitution, with the introduction of the causes of ineligibility brought by LC n. 135/2010, is historic victory for Brazilian citizenship. In that way, the level of effectiveness already achieved by legislative advance of the Clean Record Law becomes impossible to feedback, in recognition of the Prohibition of Political Rewind as implied principle and measurement parameter of the constitutionality of the law establishing a higher level of protection less than the current. Once you have made the legislative conformation, the State cannot be put back in the condition of the debtor of the legal provision that required to fruition political right level equivalent to that previously already enjoyed by citizens.