The judicialization of municipal politics in Brazil : an analysis of the relationship between the Clean Register Act and the 2017 Supplementary Elections

• Autor(a) principal: Nogueira, Ary Jorge Aguiar
• Data de Publicação: 2019
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Estudos Empíricos em Direito
• Texto Completo: https://reedrevista.org/reed/article/view/282

The work has as its theme the judicialization of Brazil’s municipal electoral competition, focusing on the supplementary elections convened to replace 433 municipal elections that occurred in the period from 2004 to 2016, which were invalidated. The main hypothesis is that the edition of Complementary Law no. 35, dated June 4, 2010, which became known as the Clean Registry Act was an important factor to increase the judicialization of electoral competition and resulted in a greater number of denials of candidacy records and voidments of elected diplomas, with the consequent realization of new elections. The results indicate that 48% of the new elections occurred after the Clean Registry Act was published, were motivated solely by this legal provision. It is hoped to present an empirical paradigm for the legal investigation of the phenomenon of the judicialization of the municipal electoral competition, which constitutes a new line of action of the national judiciary, whose impact is undeniable in view of the role that municipalities occupy in the Brazilian reality.