Reeligibility in the Legislative Branch’s Executive Boards in Light of the New Jurisprudence of the Supreme Federal Court

Abstract

The 1988 Federal Constitution established, in § 4th of its article 57, the basic rules to be observed by the Legislative Branch for the election of Executive Boards, including the prohibition of reappointment to the same position in the immediately subsequent election. This provision has always sparked debate within the scope of the Federal Supreme Court, particularly regarding its applicability to the legislative bodies of subnational entities. This article aims to examine the evolution of the Federal Supreme Court’s jurisprudence, especially following the judgment of ADI 6.524/DF, rapporteur
justice Gilmar Mendes, concerning the election of Legislative Executive Boards at the federal, state, and municipal levels, and to anticipate, if possible, new debates on this issue based on the jurisprudential principles recently established by the Supreme  Court.