Análise dos fundamentos da não incidência da inelegibilidade reflexa em circunscrições vizinhas fundamentada no posicionamento do tribunal superior eleitoral

Abstract

The analysis of the reasons for the non-incidence of reflex ineligibility in neighboring districts is essential for understanding electoral law. Arguments are made that relatives of political office holders in neighboring constituencies should not automatically be considered ineligible for the same office. The objective of the work was to analyze the foundations that support the non-incidence of reflex ineligibility in neighboring districts, based on legal, political and social arguments. The study was developed through qualitative research, with a descriptive approach and the deductive method, starting from general premises about the investigation by the Superior Electoral Court (TSE) in relation to reflex ineligibility, considering the underlying legal and ethical principles. Electoral legislation and electoral law have evolved, reflecting the dynamics of politics and electoral law, the rationales proposed in the decisions remain essential for the proper interpretation and application of reflex ineligibility in neighboring constituencies. The deductive research method will involve the analysis of sources, starting from general premises about the jurisdiction of the Superior Electoral Court (TSE) in relation to reflex ineligibility. Given that, among the various kinship ties that can generate reflex ineligibility, it should be noted that the interpretation of the word interference, in the understanding of the Superior Electoral Court, covers several situations in addition to civil marriage.