A retroatividade da nova alínea “d”, I, art. 1º, da LC nº 64/90 em face à sua natureza sancionatória: uma análise sobre o julgamento do RE nº 929.670/DF

Abstract

The paper aims to assay the prevalent decision in the Extraordinary Appeal 929.670 trial, that based the thesis of the applicability of sub-paragraph “d”, I, art. 1, of Complementary Law n. 64/90 (wording given by the “Clean Record Law”) on facts prior to its validity, even in front of the constitution of res judicata and the previously established ineligibility period. For such purpose, there will be established the examination of political rights - especially the eligibility, evoking some related concepts, the historical panorama in Brazil, the disposition in the legal system, the most adequate doctrinal understanding on the subject and the reflections that emerged in the moment the mentioned appeal was judged, such as other similar appeals related to it.