O conceito de "irregularidade insanável que configure ato doloso de improbidade administrativa" para fins de inelegibilidade: uma análise da atuação dos tribunais de contas em face da lei complementar nº 135/2010 "lei da ficha limpa"

Abstract

Considering their constitutional rights to the commencement of laws and in view of the expectations of society for greater morality and probity within election, 1.3 million brazilian citizens signed the Popular Project of Law nr. 518/ 2009, which, after being approved, became the Complementary Law nr. 135/2010 - Law of the "Clean Record ". Despite the increase in cases of ineligibility and a period of suspension of political rights for ineligible, several questions arose as to the constitutionality and applicability of the law. One case in particular was stipulated in Article 2 , section II , paragraph " g ", which is about the ineligibility of those whose accounts were rejected by incurable irregularity that sums up to willful administrative misconduct, provided by unappealable decision of the competent body . Based on this point, this study has the scope of searching, as a matter of fact, the incurable irregularity and willful misconduct of administration; who has the power to declare it for purposes of ineligibility, as well as whether the Courts of Accounts, somehow, should modify their performance (and to what extent) in order to safeguard the effectiveness of the legal focus.