The causes of suspension of ineligibility in the Brazilian electoral system and its consequences for the electoral election

Abstract

The target of this work is on the analysis of the causes of suspension and ineligibility listed by the Complementary Law 135/2010, on its article 26-C, intending to deepen into the concept and the application of the electoral ineligibility of the Brazilian candidates for political positions, manly analyzing the conditions for the terms of office eligibility of the representatives elected by popular vote in our country and its consequences to guarantee the electoral system, through doctrinal and jurisprudential research, especially about the judgment of the Superior Electoral Court - RCAND n. 060090350 - which rejected the candidacy of the former Brazilian President Luis Inácio Lula da Silva in the 2018 Elections, which led to a discussion about the (un)constitutionality of this decision regarding on the application of the Clean Record Law.