The present study addresses the application of the principle of morality as a basis for
restricting access to public positions. Its overall objective was to discuss the restriction
on access to public positions based on morality requirements, through the analysis of the
Extraordinary Appeal (RE) 1.308.883/SP of the Brazilian Federal Supreme Court (STF),
which deemed constitutional Municipal Law nº 5.849/2019 of the municipality of
Valinhos/SP, which prohibits the appointment of individuals convicted under the Maria
da Penha Law. The study conducted was exploratory in nature and consisted of a literature
review through the analysis of legislation, case law, books, and scientific articles that
address the principle of morality and access to public positions. The research revealed
that the requirement of morality criteria for access to public positions has been manifested
in various forms within the Brazilian legal system. However, even national doctrine faces
difficulties in establishing a clear definition and determining the scope of the principle of
morality. In this context, STF's case law has established some guidelines for imposing
restrictions on individuals' access to public positions based on moral issues. Considering
the aspects raised, the analysis of the prohibition on appointing individuals convicted
under the Maria da Penha Law revealed a weakness in terms of conducting an
incompatibility assessment. It states that there should be a relevance between the
accusation and the position in question, so that the restrictions must be strictly related to
the nature and duties of the functions to be performed. The study concludes that a more
comprehensive legal analysis is necessary, taking into account the complexity of the
debate and the individuality of each case, in order to avoid excessively restrictive,
disproportionate, or unequal measures. Further studies are needed to seek objective
solutions that reconcile the need to preserve the morality of Public Administration with
the right to broad access to public positions.
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