A (in) constitucionalidade da aplicação da medida cautelar penal de suspensão do exercício da função pública durante o período eleitoral: uma análise do caso governador Paulo Dantas

Abstract

Precautionary measures other than prison appear as a less severe alternative to precautionary imprisonment. However, they still consist on serious measures that must be used with caution by the judiciary, even more when applied in an exceptional context, such as electoral period, at the risk of irreparable violation of the Democratic Rule of Law and to individual freedoms. In view of this, the present work aims to analyze the constitutionality or otherwise of the application of the precautionary measure of suspension of the exercise of public function against candidates during the electoral period, based on the case of the Governor of Alagoas, Paulo Dantas. Methodologically, was used the inductive method, with a qualitative approach, carrying out research techniques with bibliographical survey and case study. The result achieved through the research is that the decree by the judiciary of the precautionary measure of suspension of the exercise of public functions against candidates, during the electoral period, consists of a serious affront to constitutional principles such as the separation of powers, freedom of voting and popular sovereignty, and may also, arbitrarily, impact the results of an election, therefore, it is an unconstitutional measure.