Nova Hileia - Artigos de Periódicos

URI permanente para esta coleçãohttps://ri.uea.edu.br/handle/riuea/5713

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A condenação por improbidade administrativa por enriquecimento ilícito presumido ("DAMNUM IN RE IPSA”) não é causa de inelegibilidade de candidatura
(Universidade do Estado do Amazonas, 2019-06-08) Silva, Rodrigo Ribeiro; Choy, Marco Aurélio de Lima
ABSTRACT: This article aims to address the causes of ineligibility of candidacy and to demonstrate that the condemnation for administrative impropriety for presumption of illicit enrichment only becomes a hypothesis of ineligibility if it becomes clear that the public manager illicitly enriched, born of the recent decision in Ordinary Recourse n. 11505, from the construction of Minister Luiz Edson Fachin of the Superior Electoral Court, opening a precedent capital for the next electoral disputes, since it establishes the thesis that the condemnation for administrative impropriety for presumed damages ("damnum in re ipsa") does not fulfill requirements of the ineligibility of such application. KEY WORDS: Illegal enrichment. Administrative, dishonesty. Ineligibility.
A lei da ficha limpa nº 135 / 2010 e a sua constitucionalidade
(Universidade do Estado do Amazonas, 2019-06-08) Ribeiro, Alessandro Silva; Choy, Marco Aurélio de Lima
ABSTRACT: The purpose of this paper is to demonstrate that the Clean Sheet Law is constitutional and should be applied to all those who wish to hold a political office, since we can not put anyone to represent us and respond to various processes. It is ethical and moral to choose someone who has a good image and enjoys a clean and honest reputation. This law of the clean record was born of a popular yearning and a conquest of Brazilian citizens and an example to be followed by other nations. Thus, the complementary law that led to the promulgation of the so-called Clean Registry Act constitutes a historical landmark of the direct participation of the people in the republican process. It is obvious that, despite the mishaps of the paths traveled, he showed his virtues by showing the importance of rescuing morality in dealing with public affairs, by the probability of eliminating the so-called dirty candidates from the electoral process. KEYWORDS: Clean, constitutional law, electoral process.