A condenação por improbidade administrativa por enriquecimento ilícito presumido ("DAMNUM IN RE IPSA”) não é causa de inelegibilidade de candidatura

Abstract

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.