requisito da idoneidade moral analisado na investigação

ABSTRACT
The present research aims to clear up social investigation of good preceding
foundations in public examinations, clering up as well the most used rules by the
examinator to know if the candidate have moral probity requirement for his desired
function. The analysis of how the candidate behave his self in society, and if he
have moral probity and good preceding, or good behaviour have as the main goal
the foundation stablishment for a previous conclusion to be confirmed or not, when
he pass through the probation period: decide if the candidate deserve to be
trustworthy by Public Administration and society. Then, the social investigation, that
will be unilateral and made by the inquisition method, that means, without any
candidate participation in the process, this investigation can be the most specified
as possible, not be limited if he is responding to a lawsuit or not. Can be
undurstood by the innocence presumption principle, that is not allowed to
antecipate the accused rights restricitions just by the fact that he is responding to a
lawsuit, unless the restrictions impositions and necessary obligations to the integrity
preservation of the lawsuit, or of the public order, this one, in a Democratic State of
Law, needs to observe the democratic society parameters. In this sense the focus
isn’t the punishment antecipation, that can be gived by the judicial sentence, and
the primary and secondary effects due to the definitive condemnation. It doesn’t a
question of trust, but how to handle with material and processual law of the
accused in a judicial and administration procedure environment. Some confusion
can be notted in jurisprudence, in the sense of bring into relatation with
demonstration of good preceding of the candidate or good social behaviour
exigence to the innocence presumption principle. It’s because of this confusion that
can be seen the trust demostration is considered enough when the lawsuit that he
is respondig prescribed or removed by the name of some kind of criminal
reajustment politics and reintegration of social life. Another topic talked on the
research is the good preding analysis of candidates that want a elective public
function. However, imoral probity do not affects only who wants a public function by
public examinations or elections, it carries also some obstructions in the citizens
private life. The OAB rules says that one of the requirements to the OAB’s