A declaração de inelegibilidade após o término do mandato do agente da conduta: o julgamento do RO n. 5376-10.2014.6.13.0000

Abstract

The precedentes from the Superior Electoral Court, and from the Electoral Justice as a whole, sustained that the end of term for elected officials who acted with abuse of power during electoral campaings as the end of the possibility to trial such actions and to impose the sanction of inelegibility as estiputaled on art. 22, item XIV, Complementary Law n° 64/90. On the trial of the Ordinary Appeal n° 5376-10.2014.6.13.0000, there was a overrruling to discard the men[1]tioned temporal obstacle, with constitucional arguments focused on material law. This paper seeks to offer a perspective of civil procedure law, mainly on the declaratory judgement that results from the trial of actions based on acts of abuse of power, and thus offer more arguments to sustain the overruling.