O princípio da presunção de inocência e sua aplicação diante da inelegibilidade decorrente de vida pregressa negativa

Abstract

This study aims to provide support to a critical evaluation of the performance of the presumption of innocence related to the ineligibility (mostly accepted term) verifiable due to a reprehensible criminal record. A preliminary examination, according to the opinion of national and foreign authors about the definition, normalization and legality of the principles in general will take place in this order. After these preliminary lessons, a research of the constitutional principle of presumption of innocence will be made. Thereafter, theoretical basis to understand ineligibility in general will be provided. Brief comments about democracy, sovereignty, suffrage and eligibility will be made in order to assure an improved examination of the restriction of the right to be voted, by refining its concept, characteristics , doctrinal classifications and previsions in the Brazilian legal system. Later, in a separate chapter, there will be a space for an examination of the ineligibility due to the verification of a criminal record that is incompatible with the exercise of public office, observing its nature and grounds, to provide a discussion about any restriction on the presumption of innocence that may happen and its effects. Finally, lines are dedicated to the presentation of case law regarding to the topic and to the examination of the bill that proposes the specific treatment to the matter. The monograph ends with the exposure of future perspectives on the discipline.