The theme is so old that started the judicial review in USA. Some contries are facing a constitutional political dilema: how to adress actions to avoid some political appointment, moreover in main public servitors. It is not only a matter of law, when public option is driven in different way than the presidential nomination. Recently, popular actions arrive in brazilian supreme court to avoid the presidential nomination in main executive brenches selection. In the first case the former president nomination as secretary of governament was not examined before the impeachment of president Dilma Rousself in a clear option for a self-contained decision before the representatives have time to authorize the impeachment process. In the second case, the constitutinal court (and all low courts before) have to decide about the presidential nomination for a labour minister whom was connvicted for disrepect labour law with her private emoloyees. The pannel examine both cases and methodology.