ELEGIBILITY AND INELIGIBILITY: ASSESSMENT OF ELEGIBILITYASSUMPTIONS AND INELEGIBILITY HYPOTHESES ACCORDIND TOCONSTITUCIONAL LAW AND ELECTORAL LAW

Abstract

This article aims to examine the requirements for eligibility and the grounds for ineligibility

established by the 1988 Federal Constitution and related legislation, from the perspective of

Constitutional Law and Electoral Law. The analysis is justified by the need to deepen the

understanding of these requirements, providing greater clarity to the electorate and serving as a

basis for future research in the field. The central issue consists of identifying the causes of ineligibility

established in the 1988 Constitution. Although the constitutional text sets forth specific conditions for

candidacy, legal doctrine presents divergences regarding the interpretation of certain provisions,

which underscores the importance of this study. In this context, the research objectives were defined

as follows: the general objective is to analyze the conditions of eligibility provided for in the 1988

Constitution; and the specific objectives are to compare doctrinal divergences concerning ineligibility,

to conceptualize the legislation related to Constitutional Law, and to highlight the main requirements

of eligibility and ineligibility. The investigation adopts a qualitative approach, based on a bibliographic

review of an exploratory nature, which enabled the systematization of information and the

formulation of relevant considerations. Finally, it was found that the right to vote constitutes one of

the people’s greatest assets, representing the transfer of trust to the elected candidate, from whom

governance guided by justice, ethics, and dignity is expected.