The Federal Supreme Court will decide whether a person disenfranchised and in debt to the Electoral Court due to a final conviction can hold public office after being approved by a public examination. The case is the subject of an Extraordinary Appeal (RE), which had general consequences recognized by the court (paragraph 1.190).
The exercise of political rights is one of the requirements for holding a public office provided for in Article 5 of the Legal Regime of Civil Servants (Law 8112/1990).
In this case, a candidate who has successfully passed the National Indian Fund (Funai) National Indian Fund (Funai) Indigenous Assistant National Assistant National Exam exam is eligible to participate in the course. Sentenced to imprisonment for drug trafficking, he was not allowed to take office as his political rights were suspended.
The Federal District Court for the 1st Circuit (TRF-1) upheld the candidate’s appeal, realizing that the criminal penalty is also intended to create conditions for the social integration of the convicted person.
Since he was released on parole, the Court did not find it reasonable to prevent his access to office, given that the responsibility for the re-socialization of prisoners also extends to the public administration, which cannot oppose the obstruction of release through electoral obligations to prisoners. approved and summoned the candidate.
At STF, Funai argues that the rules for public examinations are for everyone and cannot be repealed under the threat of violating the constitutional principles of equality and legality. The Foundation argues that the text of the constitution clearly defines the suspension of political rights for the duration of the sentence, which persists even if the convicted person is released on parole.
Talking about the general resonance of this topic, Minister Alexandre de Moraes, Rapporteur of the RE, explained that the question that needs to be analyzed is whether, in the name of the constitutional principles of proportionality and dignity of the human person and the resocializing nature, a fine can be imposed on a person in this situation. in a public office.
In his opinion, the topic is very relevant. “There is a balance at stake between legal legal conditions and decrees for the execution of public office and the need to encourage and promote the social reintegration of a criminal convicted person,” he said. According to the Minister, the object of the appeal has a wide resonance and, given its importance for the political, social and legal scenario, is of interest not only to the parties involved. According to the press service of the Federal Supreme Court.