Cassation is the act or effect of cancel and deprive an individual to do something, that is, the act of repealing is a form of punishment when someone performs an illegal or unacceptable practice.
Cassation is a term used in the political sphere or in administrative law, for example, being motivated as the the result of a disciplinary process, when a certain individual does not behave appropriately or ethically within their functions.
THE annulment of an individual's political rights is prohibited by the Federal Constitution, in accordance with article 15. There can only be loss or suspension of political rights and never their removal.
Termination of mandate
Cassation can be applied on many occasions, but the most common and known way of applying this type of punishment is called cassation of mandate, when the public function of a politician, elected by popular vote, is revoked as a result of a series of factors that are present in the article 55 gives Federal Constitution of Brazil.
Art. 55. The Deputy or Senator will lose the mandate:
I - that violates any of the prohibitions established in the previous article;
II - whose procedure is declared incompatible with parliamentary decorum;
III - who fails to attend, in each legislative session, the third part of the ordinary sessions of the House to which he belongs, unless authorized by the latter;
IV - who lose or have their political rights suspended;
V - when decreeing the Electoral Court, in the cases provided for in this Constitution;
VI - who suffer a criminal conviction in a final and unappealable sentence.
One of the most famous examples of the application of article 55 of the Constitution was the impeachment of the former president of the Republic Fernando Collor, during the impeachment process.
Learn more about the meaning of Impeachment.
In order for a political mandate to be revoked, the requirements and evidence for revoking must be presented to an ethics committee. After the evaluation of the commission, it will determine if the annulment of the mandate is recommended or not. However, the mandate is only revoked after a vote in the plenary, where the parliamentarians must, through a secret ballot, decide the final result of the process.
CNH Cancellation
The cancellation of the national driver's license is provided for in article 263 of the Traffic Code Brazilian, and means the loss of the right to drive any type of vehicle for a period of time determined.
Driving any vehicle during suspension of the right to drive or when convicted of a traffic offense are some of the factors that can lead to CNR cancellation.
The offender can only return to driving after two years of disqualification, being necessary to pass all the tests again to get a new driver's license.
