As candidaturas comunitário-eleitorais na Carta Cidadã: um instituto constitucionalmente adequado, conforme os direitos humanos e cônsono à democracia com partidos

Abstract

Independent candidacies crosses Brazilian political history from the first colonial periods to the subsequent Declaration of Independence, from imperial times to the Proclamation of the Republic, from periods of democratic stability to gaps of authoritarian governments. Although the 1987-1988 constituent chose to establish party affiliation as a condition of eligibility for the Federative Republic of Brazil (art. 14, §3º, V, CF), recent hermeneutical discussions and proposals to amend the Constitution have suggested the possibility of the scope of this requirement being mitigated by not acknowledge an adequate conception of universal suffrage. With regard to the political-legal discussion, supporters of independent candidacies argue that the institute strengthens democracy insofar as it revitalizes the interest of citizens in politics, is able to improve the representativeness of mandates, it broadens the spectrum of political plurality and protects freedom of conscience and the right to free association. Opponents argue that the institute creates systemic disorders in the structure of electoral systems, worsens accountability control, it hinders the governability of States and provokes the fragmentation of political ideologies. As the precept of art. 14, §3º, V is unquestionably constitutional, considering its original nomogenesis, this investigation examines whether the exegetical amplitude that has been attributed to the provision since 1988 remains in accordance with the foundations of the Republic, with the fundamental rights affirmed in the Charter and international human rights norms. For three theoretical conceptions, it appears that there was a modification of the decision rule that generically prohibited nonpartisan electoral postulations to admit them in the elections to Councilor, State Deputy, District Deputy, Senator and Mayor/Vice-Mayor in Municipalities with up to two hundred thousand voters.