THE THE CONVICTION FOR ADMINISTRATIVE MISCONDUCT AND THE POSSIBLE INELEGIBILITY FOR PUBLIC OFFICE UNDER CLAUSE “L” OF SUBPARAGRAPH I OF ARTICLE 1 OF SUPPLEMENTARY LAW 64/1990 (REWORDED BY SUPPLEMENTARY LAW 135/2010 – THE FICHA LIMPA ACT)

Abstract

Following the enactment of Supplementary Law 135/2010 – also known as the Ficha Limpa Act – which altered Supplementary Law 64/1990 – the Ineligibility Act – a new type of ineligibility was introduced: the conviction for an act of administrative misconduct.This new provision aims to protect administrative probity and morality throughout the public sector. It thus requires that candidates for public office prove that they were never convicted for such acts, as stated in clause “l” of subparagraph I of article 1 of Supplementary Law 64/1999.Through mostly bibliographic sources, chiefly scholarly publications and case law, this paper will begin by establishing the concept of administrative misconduct through an analysis of the exception within the constitutional text, regulated by supplementary law, that allows interference on the political rights of citizens. Finally, this paper will outline how the essential requirements must be met for a conviction for administrative misconduct, as laid out in clause “l” of subparagraph I of article 1, to curtail the political rights of candidates for public office.