Certidão de quitação eleitoral para inelegíveis: uma análise à luz da função ressocializadora da pena

Abstract

This study aims to expose the effects of the obstacle once imposed by the Electoral Court of granting discharge certificate considering ineligible people quit, analyzing the consequences of not useful grant to people that are not allowed to exercise their positive political rights liabilities to be voted, when they are entering the labor market. As the quality of ineligible derives from a criminal conviction, the arguments that will be used are connected to Criminology, specifically considering the pen’s social function. This paper will seek to demonstrate, through an inductive method, the reasonableness of the election discharge certificate issued to ineligible voters, adopting, mainly, the method of legal-theoretical research, with emphasis on conceptual aspects, doctrine and jurisprudence on this topic of study. It will be suggested, as a way of addressing the problem, the changing of the concept of electoral discharge, in order to consider ineligible people quit. In addition, it will be cogitated the possibility of the issuance of a excepted negative electoral discharge or a partial certificate. In view of the recent decision handed down on the subject by the TSE, is drawn a parallel with the decision-making level, in order to determine whether in practice the effects of the decision may approach to the objectives this monograph seek.