A democracia brasileira: uma democracia pelos partidos? Análise da evolução da figura do partido político na democracia praticada no Brasil, sob a égide da constituição federal de 1988

• Autor(a) principal: Carvalho, André Norberto Carbone de
• Data de Publicação: 2012
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/23778
• topic: democracia pelos partidos; partidos políticos; fidelidade partidária; democracia intrapartidária; governo representativo; mandato representativo; mandato imperativo; mandato partidário; reforma política; democracy through political parties; political parties; political party loyalty; intra-party democracy; representative government; representative mandate; imperative mandate; party mandate; policy reform; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This thesis makes an analysis of the democracy practiced by political parties in Brazil, especially regarding their evolution from the 1988‟s Constitution. The study begins covering the different kinds of state‟s power organization, justifying the origin of democracy. After that, it discusses the beginning of representative government and the reasons for the birth of representative democracy and the democracy through political parties. As a result, this dissertation studies the modern political parties, especially its history, role and legal treatment, culminating with a brief historical analysis of those associations in Brazil. Finally, the work makes a thorough assessment of democracy through political parties in Brazil‟s current political framework. There are, at least, three assumptions that must be observed for the model‟s success: only political parties must present candidates; there must be political party loyalty; and we should have intra-party democracy. It took so long before political parties detain the exclusive prerogative of present candidates, that helped consolidate in Brazilians‟ popular culture the so called personal vote , where voters does not care about political parties, following charismatic leaders, regardless of their political party link. For a long time, candidates have become true masters of their term, which allows them to migrate from one political party to another, without any consequences, disturbing the democracy through political parties. Therefore, the absence of intra-party democracy has contributed to a paradox: the existence of an oligarchy inside the Brazilian‟s democracy. The political party leaders, perpetuated in power, impose, top-down, his favorite names to internal and external elections, not allowing sufficient space for debates, distorting the institution of political representation. The Tribunal Superior Eleitoral Act nº 22.610/2007, which governs the procedure of term loss due to disloyalty to a political party, represented a significant step forward to insure democracy through political parties; however, a number of small issues still wait for resolution, which delays the full implementation of the political party loyalty in Brazil. The intra-party democracy, on the other hand, must be thoroughly regulated by the law. Only after that, we will be able to discuss, with high probability of effectiveness, one policy reform that has as its objective reduce any existent gap between the voter‟s will and the elected one.