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Hermenêutica e efeitos-sentido: a Lei da “Ficha Limpa” em face da Presunção de Inocência

2016; UNIVERSIDADE DO VALE DO RIO DOS SINOS; Volume: 8; Issue: 3 Linguagem: Inglês

10.4013/rechtd.2016.83.08

2175-2168

Luís Cláudio Aguiar Gonçalves, Maria da Conceição Fonseca-Silva,

Judicial and Constitutional Studies

In this paper, we present some results of the research which had as one of its objec¬tives analyzing interpretive constructions proposed by hermeneuts in the Supreme Court when this tribunal, exercising the concentrated control of constitutionality of Supplementary Law 135/2010 (“Clean Record” Law), assessed the validity of some of the new causes of ineligibility included in the Supplementary Law 64/1990, in the part in which they dismissed the definitiveness of judgments that give them opportunity, for alleged affront to the Constitutional Principle of the Presumption of Innocence. To this end, we begin by analyzing the Declaratory Actions of Constitutionality No. 29 and No. 30 and the Direct Action of Unconstitutionality No. 4.578, mobilizing theoretical postulates of the French Discourse Analysis (AD). At the end of the trial of these cases, the Supreme Court’s Plenary came to the conclusion that the causes of ineligibility created by Supplementary Law 135/2010 did not violate the Principle of the Presumption of Innocence.Keywords: constitutionality, hermeneutics, sense effects.