Quando uma eleição se aproxima, o tema volta a ser debatido: afinal quem pode se eleger e quem não pode? Saber as regras que tornam uma pessoa elegível, ou inelegível, é mais fácil do que se pensa. Afinal, está tudo regulamentado em leis. Para facilitar o entendimento, o Tribunal Superior Eleitoral (TSE) reforça os principais pontos sobre o assunto.
Assista matéria da TV sobre o tema.
O que é elegibilidade?
Para ser considerado elegível, ou seja, ter o direito de ser votado, é preciso que o cidadão preencha os requisitos de elegibilidade e não contar com restrições decorrentes da inelegibilidade. Há diferentes leis que tratam sobre o tema, a começar pela Constituição Federal de 1988.
Segundo a legislação vigente, pode se eleger:
- Quem tiver nacionalidade brasileira;
- Quem for alfabetizado;
- Quem estiver com o pleno exercício dos direitos políticos (Na prática, essa plenitude do exercício dos direitos políticos se traduz no candidato ter título de eleitor e estar em dia com a Justiça Eleitoral);
- Homens que estiverem com a situação militar regularizada e apresentarem comprovante de alistamento;
- Quem estiver filiado a um partido político pelo menos seis meses antes da eleição;
- Quem tiver domicílio eleitoral no município em que irá pleitear; e
- Por último, é preciso que se tenha idade mínima para concorrer. Diferentemente do ato de votar, que autoriza jovens entre 16 e 18 anos, para se candidatar é preciso ter, no mínimo, 18 anos. Funciona da seguinte forma: 18 anos para candidatura a vereador, 21 anos para deputado federal, deputado estadual ou distrital, prefeito, vice-prefeito e juiz de paz; 30 anos para governador e vice-governador de estado e do Distrito Federal; e 35 anos para presidente e vice-presidente da República e senador.
O que é inelegibilidade?
A inelegibilidade trata do impedimento temporário do cidadão em ser votado, nas hipóteses previstas na Lei Complementar nº 64/90 (alterada pela Lei da Ficha Limpa) e na Constituição Federal de 1988. Não atingindo, deste modo, os demais direitos políticos. Aprovada pelo Congresso Nacional em 2010, após ampla mobilização popular, a Lei da Ficha Limpa concedeu mais rigidez às normas já existentes e impôs outras. Em 2014, ela foi aplicada pela primeira vez em uma eleição geral.
Em regra, os políticos que foram condenados ou que praticaram alguma conduta ilícita não poderão ter a candidatura registrada e se tornam inelegíveis por um período de oito anos, contados de cada situação específica. Na maioria deles, sem a necessidade de trânsito em julgado (decisão definitiva da qual não mais caiba recurso), desde que a decisão tenha sido proferida por órgão colegiado, ou seja, por um grupo de julgadores, não se admitindo o julgamento monocrático (aquele proferido por único julgador).
Entre as principais causas previstas na legislação, não pode se eleger:
- Quem estiver dentro dos parâmetros da Lei Complementar nº 64/90 que foi alterada pela Lei Complementar (LC) nº 135/2010, conhecida como Lei da Ficha Limpa;
- Quem for parente, até o segundo grau, ou cônjuge de nenhum político que exerça alguns cargos no Poder Executivo (presidente, governador, prefeito do mesmo município);
- Quem perdeu o cargo em decorrência de prática de alguma infração durante o mandato;
- Aqueles que tenham contra sua pessoa representação julgada procedente pela Justiça Eleitoral, em decisão transitada em julgado ou proferida por por órgão colegiado ou transitada em julgado, em processo de apuração de abuso de poder econômico ou político;
- Quem renunciou ao cargo com a intenção de não ser mais processado ou com o objetivo de fugir de provável condenação;
- Quem foi julgado e condenado pela Justiça Eleitoral por corrupção eleitoral, por captação ilícita de sufrágio, por doação, captação ou gastos ilícitos de recursos de campanha ou por conduta vedada aos agentes públicos em campanhas eleitorais que impliquem cassação do registro ou do diploma, pelo prazo de oito anos a contar da eleição;
- Quem não obedecer às prerrogativas de seus cargos previstas na Constituição;
- Quem for excluído do exercício da profissão devido à prática de infração ético-profissional; e
- Os magistrados e membros do Ministério Público que forem aposentados compulsoriamente por decisão validada, que tenham perdido o cargo por sentença, ou que tenham pedido exoneração ou aposentadoria voluntária na pendência de processo administrativo disciplinar.
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