Ativismo judicial no direito eleitoral: a relevância da discricionariedade judicial quando do enfrentamento da inelegibilidade de agente público

Abstract

With undeniable omission and passivity of the Executive and Legislative, especially with regard to the demand that comes from popular pressure in defense of their rights, the present work aims to analyze the importance and need for a greater pioneering spirit of the Judiciary, especially with regard to electoral disputes involving public agents who committed administrative improbity. For this, a brief analysis of the electoral system is made, for further analysis and evaluation of legal instruments and surveys of public entities that focus on the legitimacy caused by improbity acts. Futhermore are pointed out as guidelines for judicial activism and judicialization of relations, and how the application of discricionarity and the abandonment of formalism are of great value for the protection of rights, as well as for the fairness of the electoral process.