VIABILIDADE JURÍDICA DAS CANDIDATURAS AVULSAS NO SISTEMA ELEITORAL BRASILEIRO

Abstract

This work addresses an important issue of electoral law, which divides the opinions of scholars, magistrates and society itself: independent candidacies of party affiliation. The objective is to assess the compatibility of individual candidacies with the Brazilian legal system, giving initial emphasis to the rules of the American Convention on Human Rights (ACHR) on political rights, which has the legal status of a supra-legal norm. Then, the possibility of releasing these candidacies by means of a decision of the Federal Supreme Court (STF) will be discussed, where RE 1.238.853/RJ, which deals with the subject, is being processed. In addition, a brief history of the trajectory of political parties in the history of Brazil will be made until reaching the current context, in which these associations face a serious crisis of representation before the population. Finally, the harmony of independent candidates with the democratic principle adopted by the Federal Constitution of 1988 will be analyzed, as well as with the constitutional norms that guarantee political pluralism and full freedom of the individual before the State and collective organizations.