Limitação de mandatos autárquicos [a Lei n.º 46/2005, de 29 de Agosto]

• Autor(a) principal: Amado, Maria Atáide
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/19528
• topic: Limitação de mandatos; Autarquias Locais; Princípio da renovação; Agentes políticos; Ilegitimidades eleitorais; Tribunal Constitucional; Mandate’s limitation; Local Governments; The renewal principle of political agents; Electoral Illegitimacies; Constitutional Court; Direito

This work resulted in the systematic and objective, however, limited study, of the motivation of the Act no 46/2005 of 29th August. This is the normative execu-tion from constitutional permission contained in Article 118/2 from the Portuguese Constitution and gives expression to the standard limiting mandates of local gov-ernment as a guarantor of the principle of political turnover of political agents. The methodology adopted imposed a reflection on the Portuguese historical and political cycles. It regards looking backward until the beginning of nationality with a view to the territorial governance mechanisms and helps dismantle the mu-nicipality revisited theories “Estado Novo” imposed during 48 years. This visit showed also that the apparent revival of ancient and nineteenth-century municipal policy by “Estado Novo” consisted, after all, on an untruth and real mischaracteri-zation of municipal’s administrative law of the nineteenth century. In the subject of Political Sociology, it was indispensable a passage by the facts that immediately preceded and followed the Revolution of April 25, 1974. The Portuguese dichotomy of the guarantee system and election monitoring involves two major groups of stakeholders: the preparatory, preventive procedures, information, and skills assuring electoral legality are assigned to the National Elec-tions Commission. At another level, jurisdictional powers and the evaluation of re-sources of electoral justice; the ordinary courts (at 1st instance) and the Constitu-tional Court were constituted as guarantors. The latter has also a disambiguation role on the appreciation of the electoral law. The constitutional jurisprudence, in 2013, came to take the brake on this matter, when it decided on the conditions of application of Act no 46/2005. In a comparative law perspective it was assumed the following: a) In England, France, and Spain, there is no limitation of mandates in local government. b) The Brazilian Electoral Law provides for the limitation of mandates through constitutional direct command. The control of elections belongs to the Electoral Courts, only and for all it concerns. c) In Italy, there is a limitation of mandates in local government, by Constitutional permission transferred to law: Act no 165/2004. Keywords: Mandate’s limitation. Local Governments. The renewal principle of po-litical agents. Electoral Illegitimacies. Constitutional Court.