Ineligibility is the condition of who cannot be elected to public office, that is, he does not have the right to exercise passive electoral capacity, mainly because he does not meet the legal requirements to perform such a position.
THE electoral ineligibility it is the impediment of a given individual to run for political-elective office. This quality is attributed to persons who prove to be incapable of exercising a representative warrant. Therefore, ineligibility is a negative factor for the person.
This type of impediment has as its main objective the protection of administrative probity, the morality of exercising elective mandates, and the legitimacy and normality of elections. Ineligibility tries to suppress abuse of the exercise of public administrative function or office.
According to Brazilian law, the Complementary Law No. 64, May 18, 1990, also known as "Law of Ineligibility", establishes, based on the Federal Constitution, the cases of ineligibility, as well as the deadlines for revoking the passive electoral capacity and other measures related to this condition.
Causes of Ineligibility
All causes of ineligibility must have a constitutional foundation, otherwise they will not be admitted. In this way, the following are considered ineligible:
- Illiterate: citizen who does not know how to write or read at all;
- Unlistable: foreign and national citizens who have not completed enrollment in compulsory military service;
- Functional reasons: head of the executive branch cannot run for a third consecutive term.
- Reflection: reflex ineligibility is provided for in paragraph 7 of article 14 of the Federal Constitution.
§ 7º Are ineligible, in the territory of jurisdiction of the holder, the spouse and the consanguineous or related relatives, up to the second degree or by adoption, by the President of the Republic, of Governor of State or Territory, Federal District, Mayor or whoever replaced them within the six months prior to the election, unless already holder of an elective mandate and candidate for re-election.
According to the law above, partners in a stable union situation are also illegible, however only in relation to the heads of the Executive Branch.
Ineligibility affects passive electoral capacity (the right to be voted), that is, does not restrict the right to vote of the individual.
Absolute and relative ineligibility
The "Law of Ineligibility" covers calls Causes of Infra-constitutional Ineligibility, which are classified as Absolute or Relative.
THE absolute ineligibility it consists in the impediment to any political-elective office, whether the presidential, federal, state or municipal election. It applies when the practice of abuse of political and economic power is proven, or even when the exercise of public function or office is rejected.
People convicted of crimes against the popular economy, public faith, public property, administration public, the financial market, for narcotics trafficking and for electoral crimes are absolutely ineligible.
THE relative ineligibility, on the other hand, imposes only a few restrictions on the candidacy. In this case, for the person to become legible there must be a mismatch functional. That is, if someone holds the position of minister of state, for example, and wants to run for president of the republic, will have to permanently withdraw from the function of minister at least six months before the election to be able to compete.
Also learn more about the meaning of liability crime.