Os direitos políticos dos militares na Constituição de 1988: estudo sobre a inconstitucionalidade das normas restritivas à elegibilidade de militares da ativa

Abstract

This course completion work examines the limitations and different treatment given to members of public security with regard to the exercise of citizenship, in particular eligibility. Therefore, the historical trajectory of the Brazilian constitutional system, the difficult and critical moments of the military dictatorship, the treatment of the subject by doctrine and jurisprudence. The original constituents opted for the path of limiting the political rights of the military, demanding a certain period of service so that they could request electoral authorization without being excluded from active service. Eligibility is an expression of the principle of citizenship and, therefore, it is necessary to cover all social classes, including the military. Furthermore, in the case of the full rule of law, we cannot recognize restrictions on the right to exercise citizenship. To justify why public security members inherited these restrictions in the 1988 Constitution, it was necessary to make a history of previous constitutions until arriving at the current one. Finally, this work brings the possibility of a more beneficial interpretation to the member of public security in terms of eligibility.