THE MATERIALIZATION OF THE COLLECTIVE RIGHT TO DEMOCRATIC PROBITY

A REINTERPRETATION OF REFLECTIVE INELIGIBILITY AS AN ANTI-PATRIMONIALIST INSTRUMENT

Abstract

This scientific article proposes a hermeneutic reinterpretation of the institute of reflective ineligibility (Federal Constitution of 1988, art. 14, §7) from the perspective of the Concretion of Collective Rights to Democratic Probity and to Material Citizenship. The problem lies in the persistence of dynastic patrimonialism in Brazil, a structural obstacle (analyzed in light of Sérgio Buarque de Holanda) that transcends the sphere of the Executive Branch and manifests itself in the perpetuation of oligarchies in proportional mandates. The methodology used is bibliographic research and the teleological and systemic interpretation of the Constitution. It is argued that reflective ineligibility should not be understood as an individual sanction, but rather as an instrument of preventive collective protection aimed at combating dynastic entrenchment and ensuring electoral parity. The article concludes that expanding its scope to include relatives of holders of proportional mandates is constitutionally required as a means of realizing the Republican Principle and the collective interest in the integrity of the democratic system, as signaled by the jurisprudence of the Brazilian Supreme Court (STF).