Corrupção eleitoral: estudo do Artigo 299 do Código Eleitoral

Abstract

The study of corruption in electoral process, regulatory provision in Article 299 of Electoral Law, commandment which contributes to the Democratic State of Law’s maintenance, is the center of this study. Moth an historical overview of the Electoral Code and the bond of political and social riots that turned into key legislative gains to society today, running through creation, evolution, conceptualization and Electoral Justice composition. Within a Constitutional perspective, scrutinize principles of the election planning, such as democracy, popular sovereignty, universal suffrage, political rights, rectitude and morality. This report presents insights and definition of electoral crime and its aspects and singularities. Delve into scrutinizing electoral corruption offenses, facing type structure, subjects, moment of occurrence and hypothesis attempt, as well as controversial questions about applicability of errors over illicit (unlawfulness) of the fact and the principle of insignificance, covering legal understanding and divergent doctrinal . Finalizes by highlighting some sharp criticism on the legality of the current incriminatory device, seeking to show the real necessity of improving offense’s classification, separating in two articles the type of active and passive corruption, in order to differentiate sanctions and restrain (curb) more rigorously the active electoral corruption, looking for the best Democratic State Law’s strengthening