Eficácia da lei da ficha limpa ante a morosidade nos julgamentos em segunda instância das ações movidas por ato de improbidade administrativa: uma análise dos dados judiciais do estado do Maranhão à luz dos índices do TRF-1 e TRE-MA e do caso de Arari-MA

Abstract

The Complementary Law (LC) n. 135/10 – Clean Record Law brought new hypotheses of ineligibility, changing LC n. 64/90, aiming at greater fairness, morality and ethics of candidates and the electoral procedure. In view of this, the work consists of the analysis of article 1, I, “L” of LC n. 64/90, a hypothesis arising from the Clean Record Law, which provides for eight years of ineligibility for those convicted of administrative impropriety, with suspension of political rights, by final decision or by a collegiate body, seeking to verify the effectiveness of this device based on the analysis of its application within the State of Maranhão. The starting point was the concept of Political Rights and their hypotheses of restriction, with Law n. 8.429/92 – Law of Administrative Improbity and LC n. 64/90, the main norms that matter in the restriction of these rights. Subsequently, we move on to the study of these norms in the light of the structures of the judiciary, with a view to the interaction and unfolding between the Federal Justice (JF) and the Electoral Justice so that the application of the ineligibility of the “L” is reached. Through the applied methodology, inductive method combined with bibliographical research and case study of the city of Arari-MA, as well as the quantitative analysis of the litigiousness, sentencing and effectiveness of the judiciary disclosed by the National Council of Justice, it was verified that, Maranhão presents great slowness procedural and that this deficit, particularly in the JF, directly interferes with the speed of application of item “L” of LC n. 135/10, something that sometimes also undermines the real objective of the rule, reflecting on structural problems regarding the effectiveness of the art. 1st, I, “L” of LC n. 64/90.