Notas críticas do direito processual ao artigo 23 da Lei Complementar nº 64, de 1990

Abstract

In the work that takes place, a data entry is made of how the New Code of Civil Procedure works to guarantee the substantial contradiction in the procedural instruction and how the role of the judge in the conduct of the work is prevail by the isonomy of the parties, by the manifestation before all the facts presented and the reasons for its decisions. This system is opposed to the interpretation given to art. 23 of the Law on Ineligibilities, which allows judgments to be made based on the free appreciation of notorious facts, indications and presumptions brought “of office” by the magistrate, without giving the manifestation of the parties on them. In the end, it is shown that, although some writers and the Federal Supreme Court understand that there is no irregularity in the text of the article, its conflict with the procedural system and the New CPC is flagrant, requiring the applicator of the law the right to recall to the techniques of resolution of incompatibility of rules to apply the directives of the procedural code, be it supplementary or subsidiary to the electoral process, depending on its reading on the conflict between the norms.