Direitos políticos sob a luz dos métodos de interpretação: o problema da extensão da inelegibilidade reflexa

Abstract

The research analyzes, with the help of interpretation methods, the extent of reflex ineligibility provided for in art. 14, § 7, of the CRFB/88, in particular, what is the scope of the expression "in the territory of jurisdiction of the holder" contained in the article. It is demonstrated throughout the research how the perpetuation of family groups can offend representative principles of democracy such as republican, equality and freedom. Political-administrative changes that can expand the jurisdiction space of the holder of an elective mandate are also highlighted. Data collection, comparative law study, and analysis of historical documents were carried out, which demonstrate that reflex ineligibility should apply to prohibit the candidacies of relatives of the holder of the executive power who have administrative political competence or influence in the same territory.