Candidatura avulsa no sistema eleitoral nacional

• Autor(a) principal: Oliveira, Fernando Luis Zanotelli
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5503
• topic: Direito Eleitoral; Candidatura Avulsa; Pacto de São José da Costa Rica

This work aims to investigate the possibility of adopting loose candidates in the national electoral system, despite the constitutional command that requires party affiliation to be mandatory for citizens to run for elected office, the Appeal in Extraordinary Appeal No. 1.054.490 / RJ is pending before the Supreme Federal Court, with recognition of the general repercussion in October 2017 (RE 1.238.853) and has the object of requesting the granting of a separate application based on the allegation that the art. 14, § 3, item V, of the Federal Constitution violates the human rights rules contained in article 23, paragraph 2 of the San José Pact of Costa Rica, of which Brazil is a State party. The rapporteur minister of the Supreme Court, understanding that this is a matter that goes beyond legal limits, called a public hearing (12/09/2019), with the participation of representatives of the Federal Senate, the Chamber of Deputies, the Attorney General of the Union, the Order of Lawyers of Brazil, political parties, social movements, institutes linked to law, as well as academics and parliamentarians. The analysis of the manifestations presented at the public hearing, starting from plural views and knowledge, and from people belonging to such diverse groups and social classes, allows the knowledge of the most relevant, positive and negative points highlighted by the participants of the public hearing about the individual candidacy. For the development of the work, the deductive method was used as the approach method, the case study was the method of procedure. As for the level, it is classified as exploratory and for the qualitative approach. The procedure adopted was bibliographic and documentary research. Analyzing the manifestations in the public hearing, it was possible to verify that the crisis in the national electoral system is of general recognition. That the issue of loose candidacy should be addressed by the national Congress and not by the STF. As for political parties, they are entities necessary to guarantee the rule of law and democracy, however they have long since lost focus, deviated from the objectives for which they were created. In relation to the candidacy, it may be a solution in the current crisis of the political parties, but for its adoption it would be essential to have a previous constitutional and infra-constitutional amendment, however, its immediate application is impossible, due to the electoral system in force in Brazil. It was found that on the San Jose Pact of Costa Rica, since it was received before Constitutional Amendment 45/2004, it is valid as a supralegal rule, without being able to prevail over a constitutional rule, even when dealing with human rights.