A lei da ficha limpa sob a ótica político-constitucional

Abstract

The main purpose of this dissertation is to analyze the “Ficha Limpa” Statute from the perspective of the democratic republican model criticized by Habermas, based on the moralistic political-judicial discourse of the legal norm to the detriment of citizens’ political rights and their right to participation in government. Thus, the legal discourse exposed by the “Ficha Limpa” Statute will be exposed as flawed when confronted with the procedural model of democracy proposed by Habermas. For this purpose, this paper will be divided into chapters, which are: (i) the study of the context, at a national level, in which the “Ficha Limpa” Statute was drafted, (ii) the analysis of the international perspective on the adequacy of the “Ficha Limpa” Statute based on international paradigms of protection of political rights, and (iii) the analysis of normative models of democracy developed by Habermas and the discrepancy of the aforementioned law on the topic of ineligibility when confronted with Habermas’ studies.