Navegando por Assunto "Direito eleitoral"

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Acesso aberto (Open Access)
Lei da Ficha Limpa, governança eleitoral e sistema eleitoral brasileiro
(Universidade Federal do Pará, 2014-04-24) VALE, Rafael Fontes do; VAZ, Celso Antônio Coelho; http://lattes.cnpq.br/0547983721448176
Analyze the impact of the enactment of clean record law (Lei da Ficha Limpa) primarily on the electoral governance and therefore within the general framework of the electoral system in Brazil is the goal of this dissertation. By using statistical methods for analyzing the data of the electoral candidacies of the Supreme Electoral Tribunal (TSE) in order to compare previous municipal elections (2004 and 2008) to the enactment of the new law in relation to the last municipal election (2012), the first after it’s enactment. Data analysis shows that the quantitative impact of the new law is very small in the Brazilian electoral system, and therefore unable to produce large improvements in governance as much in Brazil’s elections system. Specifically it will be demonstrated that the candidacies applications are under direct influence of the electoral legislation of the year of the election, the political position in the dispute, and the political party of the candidate.
Acesso aberto (Open Access)
Partidos políticos, fidelidade obrigatória e coligações: as tensões pela titularidade do mandato eletivo no Brasil
(Universidade Federal do Pará, 2015-10-29) SILVA, José Renato de Oliveira; COSTA, Paulo Sérgio Weyl Albuquerque; http://lattes.cnpq.br/4135075517359609
The party loyalty as a condition for the exercise of elective offices in Brazil was expressed in the previous constitutional order, 1967, incorporated by Constitutional Amendment nº. 1, 1969. The present Federal Constitution of 1988, in turn, made no mention of such a requirement, so repeatedly by the Supreme Court, urged to speak out about the institute's survival, answered negatively, saying not find constitutional den loss of elective office by party affiliation. In 2007 the jurisprudential evolution has led to the opposite conclusion, initially by the Superior Electoral Court to answer to Consultations 1.398 and 1.407, and then by the Supreme Court to decide the Writs of Mandamus 26.602, 26.603 and 26.604. It is established then that the ownership of elective offices is of political parties, not the candidates elected for them, either through the majority system or the proportional system, and as a result was issued by the TSE Resolution 22.610/2007 disciplining loss mandate by party affiliation, despite there had been no constitutional or infra-constitutional change in this regard. In May 2015 the Supreme Court excluded from the mandatory party loyalty rule elected by the majority system (the Executive’s leaders and senators), again without there being any constitutional or infra mutation. Remained current rule regarding elected by proportional system. Only in September 2015 the National Congress approved and the President signed and has recently published Law No. 13,165, which finally came expressly provide for the loss of office by causeless party affiliation. This is another chapter, unfinished as it is still pending regulation by the TSE and especially the interpretation by the Supreme Court, a kind of political reform hitherto shaped by a moot judicial activism. The first line of research in this paper is whether the party loyalty as a requirement for the exercise of elective office, that of the primordial teleological rule that the endowment of this mandate is indeed the party, not the person elected, is not in contradiction with the possibility of several associations colligate, only temporarily and regardless of their ideologies, to contest a particular election in a situation that can possibly intended for office to come wander the diverse party, though connected. Another line of investigation is whether Brazilian courts would not be going beyond its constitutional mission and promoting a kind of judicialization politics to establish in 2007 the possibility of elective office loss by party infidelity, radically altering its established case law since the enactment of the Charter Policy 1988, and that to do so would compete without any legislative developments, let alone constitutional amendment. The method used is the bibliographic, based on historical research, law, doctrine and jurisprudence. The results pointed to the incompatibility of fidelity institutes and coalitions, as well as a growing judicial activism and consequent judicialization of politics by which spends Brazil.
Acesso aberto (Open Access)
O princípio (instituidor) da intervenção mínima: a proteção do bem jurídico e a (des)criminalização no direito eleitoral
(Universidade Federal do Pará, 2013-04-18) SALES, José Edvaldo Pereira; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
The paper questions whether the intervention of criminal law for the protection of legal asset under the Election Law is needed. In Brazil, this criminal intervention is significant and is given by several laws, the main one being the election code in force. The starting point is the theory of criminal legal asset, and highlights its critical function. It makes an approximation of the critical theory of criminal legal asset with the Democratic Law State and the theoretical formulation of Ronald Dworkin and Lenio Streck about the principles of law with emphasis on the principle (settlor) of minimal intervention, under the criminal law, and its warranty components, such as the exclusive protection of legal interests, fragmentation and subsidiarity. From this reflection, it makes the relation between the non-criminal protection of (relevant) legal assets and (un)criminalization in the electoral law, confronting penal expansionism and minimalism theories. The key issue of this work is to articulate these concepts to inquire about the (un)necessity of electoral criminal types, and to point for the brazilian model a non-criminal protection of legal asset under election law.