Do regime jurídico partidário na democracia brasileira

• Autor(a) principal: Sales, Alessandra Mara Cornazzani
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/24000
• topic: partidos políticos; reforma política; democracia representativa; regime jurídico eleitoral-partidário no império e na república brasileira; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO ADMINISTRATIVO; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO CONSTITUCIONAL

Three minor electoral reforms have been enacted by Brazilian judicial order with the purpose of modifying provisions referring to the Electoral Code, the Law of Political Parties and the Election Law. These have, to some extent, regulated the dynamic, organisation and the functioning of political parties. The recent Federal Law No. 13.165/15 re-introduced new mechanisms to be observed by the political parties, viz spending limits and financing of electoral campaigns, administrative procedures before the Electoral Court, party affiliation, electoral propaganda, the participation of women, accountability, candidate registration etc. In addition, three Proposals for Amending the Constitution are going through the Federal Legislative Houses, incorporating the latter and other more varied mechanisms; some which had nevertheless previously been rejected, such as the adoption of a proportional list system and majority per district, the performance clause, proportional coalitions and length of mandate. It is true that with each new legislature, the aforementioned subjects have found their way back onto the agenda as a means of addressing popular discontent with the electoral and party processes in force. Political parties have ended up taking centre stage in this discussion. They may even, if the recent historical-political experience is anything to go by, lose their vigour but not their eternal life. Ultimately, they are the ones who are directly responsible for the implementation of the process of political representation, recognising the importance of coming to power via the legitimate channel and the full exercise of democracy. They support it in fact. And it is for the importance they take on the contemporary electoral scene, especially in the case of Brazil, that political parties receive the present homage, duly accompanied by the rejection of the imposition of mechanisms restricting their functional activities by the current legal system, even if the models of restrictive action undergone in the past are repeated.