THE INCOMPATIBILITY OF APPOINTING INDIVIDUALS WITH SUSPENDED POLITICAL RIGHTS—DUE TO CONVICTIONS FOR ACTS OF ADMINISTRATIVE IMPROBITY—TO COMMISSIONED PUBLIC POSITIONS OR ROLES AS POLITICAL AGENTS: AN ANALYSIS UNDER THE CLEAN RECORD LAW AND BRAZILIAN FEDERAL SUPREME COURT PRECEDENT NO. 1190

Abstract

This article analyzes the possibility of appointing individuals with suspended political rights, due to convictions for acts of administrative misconduct, to public positions of free appointment and dismissal, as well as to roles as political agents. The analysis is based on a consultation submitted to the Court of Accounts of the State of Paraná and the opinion issued by the Public Prosecutor's Office of Accounts in case no. 4479/25. To this end, the study investigates the constitutional foundations governing political rights, the jurisprudence of the Federal Supreme Court, especially in the judgment of Theme No. 1.190. This study aims to analyze the normative framework and jurisprudential interpretation that underpin the prohibition of appointing individuals whose political rights have been suspended due to convictions for acts of administrative misconduct, particularly in light of recent amendments introduced by Law No. 14.230/21 to Law No. 8.429/92, as well as the impact of the Clean Record Law and other related regulations that reinforce the requirement of full exercise of political rights as a condition for appointment and permanence in public office. Based on the interpretation of Theme 1190 of the Federal Supreme Court and the applicable legislation, the study seeks to demonstrate the inapplicability of the aforementioned precedent to cases of appointment to commissioned positions and to political office, due to the constitutional requirement of full enjoyment of political rights and adherence to the principle of administrative morality.