ARTIGO - INGL S)6 Cadernos de Pós-Graduação em Direito, Comissão de Pós-Graduação da...
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1∗Professora Associada do Departamento de Direito do Estado, da Faculdade de Direito da Universidade de São Paulo.
AN OVERVIEW ON COMPETITION FOR POWER IN BRAZIL
Voting Citizens in the 21st Century. 2010 Elections
Monica Herman Salem Caggiano∗
n. 6, 2012
Cadernos de Pós-Graduação em Direito, Comissão de Pós-Graduação da Faculdade de Direito da USP, São Paulo, n. 6, 2012
©2011 Comissão de Pós-Graduação da Faculdade de Direito da USP
Qualquer parte desta publicação pode ser reproduzida desde que citada a fonte
UNIVERSIDADE DE SÃO PAULO Reitor: João Grandino Rodas Vice-Reitor: Hélio Nogueira da Cruz Pró-Reitor de Pós-Graduação: Vahan Agopyan Faculdade de Direito Diretor: Antonio Magalhães Gomes Filho Vice-Diretor: Paulo Borba Casella Comissão de Pós-Graduação Presidente: Monica Herman Salem Caggiano Vice-Presidente: Estêvão Mallet
Ari Possidonio Beltran Elza Antônia Pereira Cunha Boiteux Francisco Satiro de Souza Júnior Giselda Maria Fernandes Novaes Hironaka Luis Eduardo Schoueri Renato de Mello Jorge Silveira Serviço Especializado de Pós-Graduação Chefe Administrativo: Maria de Fátima Silva Cortinal Serviço Técnico de Imprensa Jornalista: Antonio Augusto Machado de Campos Neto Normalização Técnica CPG – Setor CAPES: Marli de Moraes Correspondência / Correspondence A correspondência deve ser enviada ao Serviço Especializado de Pós-Graduação da Faculdade de Direito da USP / All correspondence should be sent to Serviço Especializado de Pós-Graduação da Faculdade de Direito da USP: Largo de São Francisco, 95 CEP 01005-010 Centro – São Paulo – Brasil Fone/fax: 3107-6234 e-mail: [email protected]
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Pós-Graduação da Faculdade de Direito da USP, São Paulo, n. 1, 2011-. Quinzenal ISSN: 2236-4544 Publicação da Comissão de Pós-Graduação em Direito da Faculdade de Direito da Universidade de São Paulo 1. Direito 2. Interdisciplinaridade. I. Comissão de Pós-Graduação da Faculdade de
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Os Cadernos de Pós-Graduação em Direito, da Faculdade de Direito da Universidade de São Paulo, constitui uma publicação destinada a divulgar os trabalhos apresentados em eventos promovidos por este Programa de Pós-Graduação. Tem o objetivo de suscitar debates, promover e facilitar a cooperação e disseminação da informação jurídica entre docentes, discentes, profissionais do Direito e áreas afins.
Monica Herman Salem Caggiano
Presidente da Comissão de Pós-Graduação da Faculdade de Direito da Universidade de São Paulo
Cadernos de Pós-Graduação em Direito, Comissão de Pós-Graduação da Faculdade de Direito da USP, São Paulo, n. 6, 2012
SUMÁRIO
AN OVERVIEW ON COMPETITION FOR POWER IN BRAZIL .............................................................................................................. 4 Voting Citizens in the 21st Century. 2010 Elections Monica Herman Caggiano
CADERNOS DE PÓS-GRADUAÇÃO EM DIREITO: ESTUDOS E DOCUMENTOS DE TRABALHO .................................................................. 22 Normas para Apresentação
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AN OVERVIEW ON COMPETITION FOR POWER IN BRAZIL∗
Voting Citizens in the 21st Century. 2010 Elections
Monica Herman Caggiano∗∗
Summary: Introductory note. 2010 general election. Voters: players with veto Power. Voting citizens and their participation in the political decision-making process. Voting citizens and partisan structure. Interface for the electoral equation. Impact on results. Voting citizens and representative density. Proportionality.
Keywords: voting citizens; 2010 general election; elections; vote; political representation; citizens with voting power / player with veto power; democratic elections; political party; voters in relation to parties; voting citizens and their political stance.
Introductory note
The 2010 general election marked the beginning of a new term in Congress, bringing with it
some new – and at times eccentric – characters that were sworn into office both in the House of
Representatives and the Senate. Furthermore, the impact of the “clean record” (Ficha Limpa) statute
and its still timid and nebulous effects, the birth of a powerful political party, the resurgence from the
ashes of proposals for political reform1, are all factors that have recently rekindled the debate on
elections in the political scenario. The manifestation of voting preferences, its relevance, the
formulas adopted in order to establish the results of an election – in short, the vocation of our voting
system for ensuring political representation that mirrors the expectations and perspectives of the
Brazilian society of the 21st century.
∗Acknowledgment: I wish to thank Mr.Tomás Olcese, a graduate student at the Faculty of Law of the University of São
Paulo, who helped me improve the style of my translation into English of this article, which was originally written in Brazilian Portuguese.
∗∗Associate Professor at the Department of Public Law at the University of São Paulo. Received her Habilitation (Livre-Docência) in Constitutional Law from the Faculty of Law of the University of São Paulo. President of the Post-Graduation Board of the Faculty of Law of the University of São Paulo. Full Professor of Constitutional Law and Coordinator of the Corporate Law Post-Graduation Program at Mackenzie Presbyterian University. Special Advisor to the Governor of the State of São Paulo (2006). Attorney General for the Municipality of São Paulo (1995-1996). Secretary of Legal Affairs for the Municipality of São Paulo (1966). Attorney for the Municipality of São Paulo.
1The expectations surrounding a Political Reform – almost a myth among us, given that it was first spoken of in the early 1990s (20th century) and it continued to be the object of political debate and promising proposals after every election – were buried on May 26, 2009, when the bill submitted by Congressman Ibsen Pinheiro Pinheiro (PMDB-RS), who had been assigned to prepare the final draft, was rejected. The chairman of the committee for the Reform bill was Congressman Ronaldo Caiado. At the time, it was suggested that proposals for political reforms, such as public funding, closed-list elections, district-based elections etc., be effected by means of constitutional amendment (see article published by UOL, May 26 2009, available at: <www.uol.com.br>).
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At the present moment in the Brazilian political scenario, in which democracy is
strengthened by the elections held in 2010, an event that was characterized by alternation,
compliance with the “free and fair elections” clause2, ballot secrecy and the reliance of the voting and
counting systems, nothing seems more fitting than to study and analyze the current electoral
system, highlighting the development and improvement that have so often been demanded – and
are still demanded – by a handful of sectors of society, thereby fueling interminable waves of political
and electoral reforms, which are today virtually part of our electoral mythology.
General Elections 2010
Voters: players with veto power
The subject has already been approached on other occasions. It seems relevant, however,
to point out the fact that, according to most of the studies conducted on the issue, the historical
development of elections in Brazil follows the predominant trend in the rest of Latin America, which is
one marked by a series of setbacks and obstacles to their full implementation. The rather limited
significance attributed to elections in Latin America, including Brazil, stems from this notion3.
However, insofar as the domestic electoral context is concerned, our true vocation for free and fair
elections, now practically ingrained in Brazilian nature, must be emphasized. Elections have
been relatively commonplace, especially in a local context, as they are inherent to the model of
organization and administration created by Portuguese settlers4, a phenomenon that characterizes
suffrage as an inherent element of the Brazilian temperament that has evolved with time5. Suffrage,
therefore, was incorporated into the Brazilian tradition, regardless of the role, function or importance
given to it by the abundant legislation that contemplated it.
2The “free and fair election” clause recognizes as democratic only elections that are free and competitive, requiring the verification of the compatibility between the model adopted and electoral formulas that meet the following criteria:
(a) designation of representatives that express the will of the people, so as to ensure that the various heterogeneous tendencies and political views identified in the community are adequately represented and updated through direct, secret ballot and equal voting rights; (b) representation of all citizens by the body of elected representatives, which excludes from democratic electoral systems the possibility of an imperative mandate; (c) pluralistic candidacies, with the elimination of any obstacles to the electoral success of any political tendencies, provided that they be compatible with democratic principles; (d) prohibition against excessive personalization of the election, which implies the recommendation that candidacies be partisan; (e) electoral systems capable of adequately embodying the votes and transforming them into seats in Congress, in accordance with the will of the people expressed in the election. (See Dos direitos políticos, which I co-authored with Cláudio Lembo. In: KANASHIRO, Sônia Yuriko (Coord.). Direito constitucional. São Paulo: Malheiros Ed., 2009. ISBN – 978-85-7420-954-8).
3NOHLEN, Dieter. Sistemas electorales y partidos políticos. 1st reprint. México: Fondo de Cultura Económica, 1995. 4According to HOLANDA, Sérgio Buarque de (Dir). História geral da civilização brasileira. 7. ed. São Paulo: Difel, 1985. t.
1. “In municipalities judges, city counselors and other authorities were elected annually in elections whose irregularities forced the king to intervene in order to extricate the inherent evils of the dominant system”.
5For further reading on the subject, see my article: O cidadão eleitor: o voto e o papel que desempenha no quadro brasileiro. In: MARTINS, Ives Gandra da Silva (Coord.). As vertentes do direito constitucional contemporâneo: estudos em homenagem a Manoel Gonçalves Ferreira Filho. Rio de Janeiro: América Jurídica, 2002.
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The electoral process, which culminated with the 2010 elections, in a way shows the
emancipation of Brazilian voters, who gradually intend to do more than simply cast their vote in the
ballot box; they demand integrity throughout the entire election process, they actively participate and
their presence is expressive at the ballot box; they promote debates in the Internet and use social
communication networks to pinpoint the virtues and deficiencies of the proposed candidates and the
results obtained. It can be said that the 21st century voter has already taken on the role of a
player with veto power in a democratic context. Having gained consciousness of their
relevance in the production of political decisions, voters exercise citizenship through all the
instruments put at their disposal by new constitutional resources and sophisticated
technologies. They attend elections and vote, but they also participate through various other
means: popular actions, writs of injunction, collective injunctions, the well-known direct actions of
unconstitutionality, and all the other legal mechanisms that authorize citizens to contribute to the
implementation of fundamental political decisions and, on the other hand, promote the phenomenon
of politicization of justice or judicialization of politics.
One must also take into account that communication via the Internet has done away with
many former barriers and today, with the aid of modern technology, voters can make or break
candidacies, as well as propose new laws to regulate the elections, such as the much-celebrated law
that is now known as the “clean record” statute (Lei da Ficha Limpa – Complementary Law nº 135,
passed on June 4, 2010), which excludes6 from the electoral process candidates who have been
criminally convicted by a High Court of electoral corruption, abuse of economic power, purchase of
votes etc. It is of particular interest that this bill was introduced to Congress by popular initiative,
through the collection of signatures vi Internet7.
The low rate of abstention, of about 18%, should also be noted, a fact that is often
attributed to the compulsory nature of suffrage in Brazil (in accordance with paragraph 1 of Article 14
of the Federal Constitution). The truth is that the procedure to justify abstention is extremely simple
6A ruling by the Supreme Federal Court, of March 23 2011 – by 6 votes against 5 – determined that the “clean record” statute was not to be enforced in the general elections of 2010, due to a constitutional clause that requires any law affecting the electoral process to be in force a minimum of one year prior to the election it is to regulate.
7Actually, the “clean record” statute originated from an action (ADPF 144) filed by the AMB (Association of Brazilian Magistrates) that advocated the authority of electoral judges to examine the criminal and administrative malpractice records of candidates and grant or deny eligibility based on such records. The point in question was: “Should candidates who are involved in criminal or administrative malpractice lawsuits be prevented from running for elective office? The Supreme Federal Court ruled against the motion, regarding which Supreme Court Justice Gilmar Mendes made the following remarks: - “despite the fact that most of society would expect this Court to grant electoral judges the possibility to deny eligibility to defendants in criminal and administrative malpractice lawsuits, the Court must not rule on the matter in a way that could create injustice”. He added that: “We are increasingly aware of the fact that the Justice must be found in the law and not in the streets”. Justice César Peluso, who also ruled against the motion, emphasized human dignity, pointing out that “the blemish of criminality constitutes the most serious damage that can be inflicted upon a person”. In spite of the failure of the action in 2008, from that moment onward an intense popular movement began to gain momentum, via the Internet, calling Congress into action and demanding that a new law be drafted. The statute in question was finally enacted in June 2010, an election year, which resulted in a constitutional impediment to its enforcement: Article 16 of the Federal Constitution requires that any law that modifies the electoral process be in force a minimum of one year before the election. Its enforcement during the 2010 elections was unauthorized by a ruling of the Supreme Federal Court of May 23, 2011, on the grounds that it would violate the principle contained in Article 16 of the Federal Constitution.
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and the fines imposed are minimal – added to the fact that amnesty on electoral sanctions is often
granted –, which, in practical terms, characterizes suffrage in Brazil as voluntary.
Furthermore, the 2010 general elections indeed became a large-scale electoral event
involving more than 136.4 million voters, which represented a 7.8% increase in relation to the
previous general election held in 2006, twenty-six federal member-states and the Federal District,
the election of the President and Vice President, 513 federal representatives, fifty-four senators (two-
thirds of the Senate), state governors and vice governors, as well as state representatives to state
legislatures, of which ninety-four were to be elected to the São Paulo state legislature alone. The
rate of abstention, therefore, is rather insignificant, which confirms the electoral vocation of
Brazilian citizens.
With regard to the exercise of active suffrage, a peculiarity should be noted: the vast
female electorate that, seventy-six years after their inclusion as voting citizens, now
surpasses the male electorate, representing 51.8% of the Brazilian electorate (roughly 70.4
million voters), while males represent 48.1% of the total (about 65.2 million voters)8.
Surprisingly, however, there is no symmetry when it comes to the participation of women in both the
active and passive roles of the election process. Regarding applications for candidacy, as will be
shown below in the section that discusses the attitude of voting citizens and their participation in the
political decision-making process, the participation of women is limited and timid.
The domestic configuration of active suffrage doubtlessly presents an expanded field that
grants 16- to 18-year-olds the option to register as voters and thereby participate in the
election (Article 14, paragraph 1, sub-paragraph II, line “c” of the Federal Constitution). In the 2010
elections, however, there was an 18% decrease in voters within that age range interested in
exercising that option, according to data provided by the High Electoral Court9. Furthermore, the
inclusion of illiterates10, of which there is a large portion especially in the Northern and
Northeastern regions of Brazil, configures a diversified and manifestly large electorate in the eyes of
the analyst.
The drastic and draconian law that bans advertising in electoral campaigns, thereby severely
limiting the channels available for communication between voters and candidates11, was mitigated
with the enactment of Law nº 12.034, of September 29, 2009, which introduced the Internet as a
campaigning tool. Its potential is expressive, given that nearly 56 million Brazilians have access to
the Internet, according to data provided by the IBGE (Brazilian Institute of Geography and
Statistics)12. Additionally, it cannot be ignored that this innovative legislation expanded the use of the
8UOL Notícias, July 20, 2010. Available at: <http://noticias.uol.com.br/>. 9Id. Ibid. 10The inclusion of illiterates into the electorate took place in 1988, as provided by the present Constitution, which was
enacted on October 5, 1988. The text, however, reproduced a rule that had already been in force since 1985. 11Law nº 11.300/2006 – the so-called political mini reform. On political and partisan advertising, see also MENEZES,
Fernanda Montenegro de. Marketing político: eleições municipais de 2008. In: HERMAN-CAGGIANO, Monica (Coord.). Comportamento eleitoral. Barueri: CEPES; Manole, 2010. (Série Culturalismo Jurídico/Cláudio Lembo, coord.). ISBN 978-85-7868-002-2.
12Data obtained from UOL Notícias, January 2, 2010. Available at: <http://noticias.uol.com.br/>.
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Internet, making it possible to fundraise via the Internet. Paradoxically, however, the Internet was
not much utilized, and for this reason its full potential as a means to broadcast campaign
messages and raise campaign funds was not explored. Although it was used by citizens to
intervene in the election process, by providing a tool with which to influence and pressure Congress
to pass the “clean record” statute, until now it has had an extremely limited impact in terms of
campaign publicity and fundraising.
Along with the expansion of the Internet for advertising purposes, the above-mentioned Law
nº 12.034/2009 introduced the possibility of giving secret donations, in other words, contributions
made directly to the political party, which were later banned by a resolution passed by the High
Electoral Court. This resolution was challenged by various political parties (DEM, PT and PSDB) that
considered the restriction to be illegal, but the ruling of the Court was upheld13.
In short, the 2010 election included twenty-seven political parties and an electorate of
136,004,825 voters, a complex array of candidacies, including nine candidates for President and
Vice President, 169 candidates for state governor and 181 candidates for vice governor, 6,015
candidates for federal representative, 272 candidates for the Senate, 14,382 candidates for the state
legislature and 884 candidates for district representative14.
Various other aspects would merit attention in this study. However, we shall only cover those
issues that are most relevant to developing citizenship and profiling the voting citizens of the 21st
century, who are conscious of their participative function and are consolidating their presence in the
realm of decision-making.
Voting citizens and their participation in the political decision-making process
As Cláudio Lembo pointed out in his preface to Comportamento Eleitoral (Electoral
Behavior), it is a worthwhile effort to study and analyze the role of voters – and their behavior – when
called upon to cast their vote in the ballot box. In point of fact, the jurist correctly highlights an
“increased appreciation for democracy, which consolidates an inherent tendency of society,
composed of natural voters who value the opportunity to act civically”15. However, this eminent
professor and politician also mentions the complexity of this “thorny issue” regarding which “the
persistent normative reorientation, which today emanates as much from the Legislative Branch as it
does from the Judicial; the negative and often unsympathetic view of politicians; the strengthening of
political parties, which hold a monopoly on candidacies; the rather insignificant participation of
women, as well as the expectation of voters regarding the impact of their vote, pose a challenging
and relevant task…”16.
13UOL. Available at: <www.uol.com.br>. Reproduction of the article published in Agência Brasil, by Luana Lourenço. 14Source: High Electoral Court, on May 1, 2011. Curiously, due to replacements in various tickets, the number of
candidacies for 1st and 2nd senator substitutes evaluated by the Electoral Courts diverges from the number of candidacies for senator (272). For this reason, there were 304 candidacies for 1st senator substitute and 313 for 2nd senator substitute.
15LEMBO, Cláudio. Prefácio. In: HERMAN-CAGGIANO, Monica (Coord.). Comportamento eleitoral, cit., p. XV-XVI. 16Id. Ibid.
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In truth, there are countless challenges involving the issue of competition for power, which
constitutes the framework of the electoral process, and the multiplicity of factors hinders the full
exercise of citizenship rights. The most significant of these factors – which carries a negative
connotation – is the contempt and disapproval faced by the political class, especially in the
legislative branch. A recent survey shows that 40% of respondents have a negative opinion of the
National Congress; on the other hand, 39% consider the performance of congressmen to be
average, and only 15% believe their performance to be good or excellent17.
Created as a consequence of the aversion toward politicians and the corruption that is
usually associated with them, the “clean record” statute nearly brought jurisdictional activities
to a halt due to the avalanche of challenges filed against candidates of any kind. In all member
a string of lawsuits were filed in order to eliminate candidates that fell within the dispositions of the
statute, a move that affected 338 candidates. Out of these, only 25 appeals were admitted to the
Federal Supreme Court; four candidates stepped down and 18 were cleared by the High Electoral
Court18. A ruling by the Federal Supreme Court on March 23 of 2011, however, mitigated the
rigid normative effects of Complementary Law nº 135/2010 by declaring it unenforceable by
the courts with regard to the 2010 election. Moreover, the impact caused by the “clean record”
statute invalidated nearly 8,700,000 votes that had been cast in favor of the challenged candidates19.
It should also be noted that the number of females who engage in passive suffrage as
candidates is rather limited, when compared to the predominance of participating female
voters. It is of interest to notice that, in spite of the fact that Law nº 12.035/2009 raised the
mandatory percentage of female candidates to 30%, the inclusion of women among the ranks of
decision makers is extremely limited. In the last 2010 general elections, the scenario was quite
restricted: two candidates for President, 18 candidates for governor, 34 candidates for senator,
against 231 male candidates, and only 4,098 female candidates for federal and state representative.
However, it must be remembered that this withdrawn stance of women is generally the rule in
Brazilian politics. In partisan assemblies, few women occupy leading posts and in the various
legislative houses (whether federal, state or municipal) female presence, as of today, is still rare. A
clear indication are the results of the 2010 election with regard to state governorships, as only three
women were elected for that office. Another example are the 2008 municipal elections, in which
there were only 41 all-female tickets for mayor, within a universe of 5,658 Brazilian municipalities20.
17FOLHA on-line, December 26, 2010. Available at: <http://www.folha.uol.com.br/>. Reported by Cátia Seabra. 18See the information posted on UOL on January 08, 2011. Available at: <www.uol.com.br>, 17h23. 19See the October 2010 issue of VEJA magazine, São Paulo. On account of the ruling by the Supreme Federal Court,
which postponed the enforcement of Complementary Law nº 135/2010 for the following 2012 municipal elections, this rather significant amount of invalidated votes is expected to diminish.
20Following is the full article published by UOL on July 23, 2008. Available at: <www.uol.com.br>, at19H24: in 41 municipalities, only women run for mayor. The most recent survey conducted by the High Electoral Court has identified 41 Brazilian municipalities in which only female candidates may be for office in the coming election. According to the Court, this number could change as more candidates apply for registration before the Electoral Courts. Of the 41 municipalities in which so far only women are running for mayor, ten have a single candidate registered. The state of Paraíba is the one with the largest number of all-female candidates for the chief executive office – seven in all. Following is the state of São Paulo, with five municipalities in this situation. The states of Piauí, Bahia and Rio Grande do Norte have four each. The states of Minas Gerais and Alagoas have three each. In Brazil, the number of female candidates for the municipal chief executive office who applied for registration in the 2008 elections is small when
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Paradoxically, however, a woman was elected for the foremost elective office – the Presidency of the
Republic.
Brazilian voters have undergone a change of mindset, and are now eager to take on
the role of players with veto power, which is partly due to the influence exerted by a network
of NGOs and associations – the organized civil society – that receive institutional support and
whose aim is to ensure social control over the election process, in particular with respect to
candidacies (such as the “clean record” initiative put forth by the AMB) and campaign funding. On
this particular issue, NGOs Contas Abertas (Open Accounts) and Transparência Brasil
(Transparency Brazil) performed a rigorous independent examination of all resources and expenses
incurred by candidates and political parties, an initiative that was encouraged by the Electoral
Courts, which enabled social vigilance through the enactment of resolutions demanding that any
distribution of funds donated to political parties be accounted, that accounts be rendered thoroughly
and constantly and all related information be made public.
Regarding this large-scale electoral event, in which the free exercise of citizenship must
prevail, it is worthwhile to mention effective measures taken by ABERT (Brazilian Association
of Television and Radio Networks) by advocating the unconstitutionality of art. 45,
subparagraph II of Law nº 9.405/1997, which forbade any “trickery, editing or any other
audiovisual effect that in any way may expose candidates, political parties or party coalition
to ridicule or degradation. The incident became known as “the revolution of the comedians”, as
some comedians had been prevented from making humorous remarks or deriding the image of
candidates. The action filed contained a request for an injunction, which was granted by Supreme
Court Justice Carlos Ayres Britto, who regarded the prohibition as a violation of the constitutional
right to freedom of speech, pointing out that only excessive or abusive behavior warranted
sanction21. The case was heard by the full chamber of the Federal Supreme Court in September
2010, and the injunction previously granted was confirmed by a six-to-three vote, at which occasion
the President of the Court, Supreme Court Justice César Peluso, made the following ironic remark:
“The real joke would be to ban humor” 22.
Another fact worthy of mention is the first referendum – popular consultation – held during
the 2010 election, in which voters were asked to state their opinion on a political issue. Referendums
are often held in the United States jointly with elections for state governors so that voters can cast
their vote and also accept or reject a given proposal, and one such referendum was held in the
Brazilian state of Acre regarding time zone change. This referendum was held during runoffs for
state governor, and as a result the time difference in relation to Brasilia was increased.
compared to the applications submitted by male candidates to the same office. There are 1,580 applications by female candidates against 13,677 applications submitted by male candidates. In terms of the number of municipalities with only female candidates, the states of São Paulo and Minas Gerais, which hold the largest constituencies and number of municipalities in Brazil, have so far been surpassed by the state of Paraíba.
21The action in question, which discusses freedom of speech and authorizes comedians to make jokes regarding candidates to elective office, is filed under nº 4451.
22UOL, September 2, 2010. Available at: <www.uol.com.br>. Reported by Felipe Seligman, Brasília.
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Voting citizens and partisan structure
Interface for the electoral equation. Impact on results
Historically, the relation between society and political parties has been characterized by a certain
degree of animosity and, in some cases, even outright aversion and a deep-rooted mistrust toward
political partisanship. The very hostility directed at politicians is cited as the reason behind the
scarce affiliation to political parties. In order to illustrate this, we present the following table,
according to which only about 1% of the electorate is affiliated to a political party:
Political Affiliation Survey
Scope of the Survey: Brazil - All Parties - June / 2010
Party Voters %
DEM 1.103.184 7,952
PC DO B 269.588 1,943
PCB 16.000 0,115
PCO 2.876 0,021
PDT 1.127.868 8,13
PHS 113.851 0,821
PMDB 2.316.661 16,698
PMN 194.171 1,4
PP 1.369.696 9,873
PPS 446.100 3,215
PR 732.268 5,278
PRB 220.743 1,591
PRP 189.995 1,369
PRTB 92.998 0,67
PSB 492.579 3,55
PSC 299.877 2,161
PSDB 1.314.544 9,475
PSDC 140.571 1,013
PSL 168.606 1,215
PSOL 40.626 0,293
PSTU 12.547 0,09
PT 1.393.841 10,047
PT DO B 133.968 0,966
PTB 1.158.721 8,352
PTC 148.230 1,068
PTN 100.453 0,724
PV 273.179 1,969
TOTAL 13.873.741
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The long and arduous road trodden by political parties, as well as their role in the
competition for power, is a constant factor. Political parties, which are mediating entities,
supporting agents in the process by which representatives/leaders and all those who hold elective
office are chosen, and for that very reason also besieged by liberal thought and ignored by classical
constitutional theory, have become a key element for the effective implementation of democracy. As
such, they have been entrusted with some relevant, yet arduous tasks: (a) to ensure a conducive
environment for political participation; (b) to promote compliance among both voters and elected
officials; (c) to simplify the political options available to voters; (d) to provide concrete government
programs and platforms; (e) to act as a cushion that relieves social tension; (f) to ensure relative
representation of minorities, as it congregates a great diversity of factions.
As a result of those functions and their adequate fulfillment, the existing antagonism towards
partisan-based political arrangements – which have been labeled as perverse and detrimental to
democratic ideals – has not been able to deter the evolution nor diminish momentum gained by
partisanship, which has been present throughout the development of democracy.
In fact, parties today have consolidated their role as instruments that enable
communication and participation in the decision-making process; furthermore, they are
designed to recruit leaders and promote political socialization. Therefore, in view of their vast
potential, it is worthwhile to consider the conditions under which they can best fulfill their mission.
Thus, although ideally the outline of a “pasteurized party” should emerge, as it was conceived by
Manoel Gonçalves Ferreira Filho23, the complexity inherent to al issues involving competition for
power demands that each partisan system be conceived in such a way that it accommodates
the idiosyncrasies and specific characteristics of its corresponding political community and
the type of political representation it intends to establish.
It is fitting to stress24, at this point, the remark made by Loewenstein25, in that the
contemporary State is configured as a State of Parties, in which political parties have a virtual
monopoly over the electoral system. The same view was advocated by Hans Kelsen, for whom
modern democracy is founded on political parties. On the same note, Spanish author Roberto
Blanco Valdés26 sustains that: “…in spite of their problems and limitations, in developed capitalist
societies parties are a fundamental instrument and virtually the only one through which citizens can
participate in politics. …they are, for that reason, an instrument of paramount importance for the
effective implementation of democratic principles…”. Following the same line of thought, Maurice
23Manoel Gonçalves Ferreira Filho, in a book published in 1977, defines the pasteurized model as “a party having a democratic structure, whose leadership is elected from among its members, free of corruption, equipped with legitimate sources of funding, of a permanent nature, that contributes toward the political education of the people” – FERREIRA FILHO, Manoel Gonçalves. Sete vezes democracia. São Paulo: Ed. Convívio, 1977.
24Regarding this subject, see my following publication: Direitos políticos: o partido político, canal de comunicação entre governantes e governados. In: MARTINS, Ives Gandra da Silva; MENDES, Gilmar Ferreira; NASCIMENTO, Valder do (Coords.). Tratado de direito constitucional. São Paulo: Saraiva, 2010. v. 1, p. 861-881. ISBN 978-85-02-09091-0.
25LOEWENSTEIN, Karl. Teoria de la Constitución. Barcelona: Ariel, 1976. 26BLANCO VALDÉS, Roberto L. Los partidos políticos. Madrid: Tecnos, 1997.
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Duverger27 declares that: “parties both create and express public opinion; they rather mold it, instead
of deforming it; there is no echo, but dialog. Without parties there would only be vague, instinctive,
divergent tendencies,…it must necessarily be admitted that the elected official receives two
mandates: on given by the party and another bestowed upon him by the voters”. On the other hand,
Gerhard Leibholz28, in spite of his criticism of parties, recognizes: “the gradual substitution of the
classic model of representative parliamentary democracy by a modern state of parties, founded on a
democracy of the masses”.
Here in Brazil, parties are also viewed as the mainspring of the electoral process, resulting in
the adoption of a new stance by the State. That is the view of José Alfredo de Oliveira Baracho, as
explained in his work A Teoria Geral do Direito Eleitoral e seus Reflexos no Direito Eleitoral
Brasileiro: “the constitutionalization of parties comes hand in hand with the denomination State of
Parties, as a result of the consolidation of the first parties, together with the progressive expansion of
suffrage29”. A similar opinion is advocated by Manoel Gonçalves Ferreira Filho, who notes that: “it
was implicitly recognized that national representation produced a representative oligarchy, they
sought to…find a formula whereby the people could truly govern through their representatives. The
solution found was to turn parties into the key element of democracy, making them into the true
candidates”. “…in the 20th century, a new outlook on the relations between representatives and their
constituents was formulated. This was accomplished through the party mandate theory. As the name
suggests, it is associated to the partisan political phenomenon and especially with the party
democracy model…”30; and Cláudio Lembo31, both in O Jogo da Coragem as in another of his
books, entitled Participação Política e Assistência Simples, glorifies political parties for their role in
the institutional context of the 20th century.
The domestic scenario presents serious difficulties regarding the issue of political parties,
which are clearly noticeable at a mere glance. Article 17 of the 1988 Federal Constitution establishes
that political parties are corporate persons of private law and it ensures the freedom to create,
merge, incorporate and extinguish them (main paragraph), as well as the autonomy to define their
structure, organization and operation. Law nº 9.906, of September 19, 1995, pre-established various
rules for their organization and operation, as well as guidelines regarding the drafting of their
charters and rules that regulate party affiliation, among other topics.
However, the model the constitutional assembly settled for, which drew inspiration from the
modern tendency to prioritize political partisanship, also gave political parties a monopoly over
candidacies32, effectively preventing the appearance of independent candidates. Parties were
designed to be an indispensable component of the electoral process, that is, the procedures adopted
27DUVERGER, Maurice. Institutions politiques et droit constitutionnel. Paris: PUF, 1971; see also the author of Partidos políticos. Translated by Cristiano Monteiro Oiticica. Rio de Janeiro: Zahar, 1970.
28LEIBHOLZ, Gerhard. La representazione nella democrazia. Milano: Giuffrè, 1989. 29BARRACHO, José Alfredo de Oliveira. A teoria geral do direito eleitoral e seus reflexos no direito eleitoral brasileiro. Estudos Eleitorais, Brasília, v. 1, n. 1, p. 67, jan./abr. 1997.
30FERREIRA FILHO, Manoel Gonçalves. Curso de direito constitucional. São Paulo: Saraiva, 2008. 31LEMBO, Cláudio, op. cit. supra. 32In accordance with Article 14, paragraph 3, subparagraph V of the Federal Constitution.
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to elect officials/representatives to public offices. Thus, whether by themselves or through coalitions,
political parties are responsible for granting ballot access to the candidates they present to voters, as
well as for organizing the campaign to promote them.
In fact, political parties gained momentum when partisan defection by renegade elected
officials was banned, in other words, when partisan fidelity became mandatory under a
Resolution edited by the High Electoral Court. This came as a result of what had become
popularly know as musical chairs, coupled with the passivity of the legislative branch, which, in spite
of having produced several bills to address the issue, did not obtain any concrete results. For this
reason, the High Electoral Court presented a practical and concrete solution, ruling in favor of
removing from office any elected officials who abandoned the party that had gotten them elected.
Thus, the issue of renegade officials was brought to an end, as measures had been taken to
address it, and inter-partisan tourism was effectively banned by Resolution nº 26.610, of October
25, 2007, edited by the High Electoral Court, which also established the conditions and the
procedures for removing from office elected officials who abandoned the party that got them
elected33.
Parties gain relevance mainly during campaign season. Apart from the control they exercise
over candidacies and ballot access, parties also hold exclusive rights over advertising
campaigns on radio and television. The struggle for broadcast time, in fact, is one of the most
powerful reasons why smaller political parties almost invariably participate in the elections
through coalitions, by which they increase the broadcast time allotted to the larger parties in
exchange for marketing resources and more effective advertising for their own candidates34.
However, the scope of their participation is often limited to making an appearance in the ballot, an
appearance that, provided it does not reflect negatively on the campaign on account of the
concealed political support given to stronger candidates, it does service to the consolidation of
political participation and the expansion of possibilities for exercising citizenship.
The 2010 elections saw a marked change regarding the behavior of voters with respect to
parties, especially the smaller ones. Results showed a clear preference for medium-sized parties,
which were able to garner sufficient votes to elect 275 federal representatives, that is, 53.6% of the
seats in the federal House of Representatives. Actually, what the survey conducted by the House of
Representatives shows is that voter preference has shifted to candidates from medium-sized parties.
Thus, there was an increase in relation to 2006, when 38.4% of the seats were taken by candidates
from those parties. Furthermore, there was also an increase in the number of ultra-small political
parties (holding less than 1% of the seats). While six such parties held seats in Congress in 2006,
nine small parties filled seats (albeit few) in Congress in 201035.
33On the issue of partisan fidelity, as well as the report of the solution given by the judicial branch, see LEMBO, Cláudio (Coord.). O voto nas Américas. Barueri: CEPES; Manole, 2008. (Série Culturalismo Jurídico/Cláudio Lembo, coord.).
34Such practices were adopted in the 2010 elections, in which the PT increased by 5% the time allotted for its candidate to the Presidency through a coalition with the PSC, the PTC and the PRB, in exchange for approximately R$ 5.8 million in campaign funds (see article published in O ESTADO de S. Paulo, São Paulo, May 18, 2011. p. A6).
35Agência Câmara, 24.10.2010.
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Parties and Seats
On the other hand, there has been an evident shift of voter preference toward specific
candidates, as opposed to the parties they represent. The sympathy voters feel for certain
candidates is in fact a characteristic typical of voting citizens in Brazil. The link between the
candidate and his or her constituents is more solid and concrete. In the last election, this tendency
was evident in the landslide wins of two controversial figures (who individually received more votes
than any other candidate to the federal House of Representatives for the state of São Paulo): the first
one was clown Tiririca, who was elected to office representing an ultra-small party (PR), befriended
voters and received 1,353,820 votes; the second one was city counselor Gabriel Chalita, who,
despite having left the PSDB, one of the most influential political parties in Brazil, in order to join the
PSB, a medium-sized party – he was not removed from office on grounds of partisan infidelity –
received 560,022 votes.
Instead of simply voting for party candidates, voters in 2010 chose candidates based
on their regional interests (regional vote) or candidates that represented specific segments of
society, i.e. candidates associated with an interest group, such as banks, the Church, entities or
activities of a religious nature and opinion groups, which resulted in votes in favor of candidates that
advocated improvements to public health services, security, education etc36. Considerations of a
partisan, programmatic or ideological nature were far from determining voter behavior.
Another aspect worthy of consideration, with regard to the decline of voter interest in
partisan arrangements, is the possibility of reelection and how it interacts with electoral behavior.
36See article published in O ESTADO de S. Paulo, São Paulo, Oct. 7, 2010. p. A 18.
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In Brazil, the possibility of reelection was inaugurated by Constitutional amendment nº 16, of June 4,
1997. The amendment constituted an innovation on the subject, breaking with the historical tradition
that prohibited reelection37. The new rule, however, mitigated the restriction, thereby allowing
presidential, gubernatorial and mayoral incumbents to be reelected once to the same office for the
immediately subsequent term38.
In fact, the rule that allows the Chief of the Executive the possibility of one subsequent
reelection is based on the evolution of the American presidential system, more specifically on the
issue regarding to prevent the third and fourth reelections of President Roosevelt, that gave rise to
the enactment of the twenty-second amendment to the United States Constitution, which granted the
possibility of seeking reelection only once.
In South America, at the time of the enactment of the above-mentioned Constitutional
Amendment nº 16/1997, indefinite reelections were rare, and to some degree, met with hostility. In
fact, such practices can hinder and even prevent the alternation of power, while bringing the risk of
perpetuation and deterioration of the elected authority, as a result of the corrosive action caused by
its concentration, for a long period of time, in the hands of one person or group of persons.
In any case, the possibility of reelection certainly had an impact on the electorate,
resulting in a new awareness that prefers political options which take into account
government programs and weighs the convenience of ensuring the continuity of the public
policies in place against the possible benefits of choosing something different that involves
new proposals and government goals. The choice society is called upon to make now involves
government programs.
It seems clear that citizens have perceived and adjusted without difficulty to this new
perspective that associates political preference with a particular government program. Thus,
the last two Presidents of the Federative Republic of Brazil were quite popular, and were
consequently reelected for a second term. With regard to member states, in the 2002 elections eight
candidates ran for reelection to the state governorship, four of whom were elected for a second
term39. In the 2006 elections, sixteen candidates were up for reelection, ten of which were
successfully reelected, and in the 2010 elections, of the twenty candidates up for reelection, eighteen
were successful40.
It is true that even in 1997, when the possibility of reelection was first introduced, the new
rule suffered criticism on the grounds that it would be the source of unfair treatment among the
various candidates, a fact which would doubtlessly configure a perverse side-effect. That concern is
the reason behind the restrictive nature of the clause in question, which belongs to the majority
37The rule that banned reelection first appeared among the dispositions of the Republican Constitution of 1891 (Article 43), and it was left out of the Constitution of 1937 alone.
38Article 14, paragraph 5 of the Federal Constitution (Reelection). 39The following Governors were reelected for a second consecutive term: Geraldo Alckmin (São Paulo), Joaquim Roriz
(Brasília/DF), Flamarion Portela (Roraima), Zeca do PT (Mato Grosso do Sul). 40The subject of REELECTION is thoroughly analyzed by DELIBERADOR, Giuliano Savioli; KOMATA, Nicanor Barry.
Reeleição nas eleições municipais de 2008. In: HERMAN-CAGGIANO, Monica (Coord.). Comportamento eleitoral, cit.
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system that regulates elections for executive offices (federal, state and municipal). However, one
cannot overlook that the 2010 presidential election was the target of various accusations regarding
the use of state-owned resources and government programs to aid the campaign of the successor to
the President, and in this case no reelection was taking place. The utilization of resources and
political power by incumbent officers or parties constitutes a deformity of the standard known as “free
and fair election” in any electoral context, regardless of whether a reelection is at stake or not.
Curiously enough, although parties hold a monopoly over candidacies, under Law nº
9.504/1997 the bond of solidarity between candidates and parties was weakened with regard to
electoral campaigning. Unlike the policy followed by legislators in the past – which concentrated
responsibility in the hands of the party –, the responsibility is now diluted, allowing candidates to
manage the campaign themselves, including its financial aspects (Article 20, paragraph 2 of Law nº
9.504/1997) and holding them responsible for rendering accounts (Article 28, paragraph 2 of Law nº
9.504/1997). There is one exception to this rule: majority elections (for President, governors and
senators), in which the duty to render accounts on campaign funding falls on financial committees
created by the parties (Article 28, paragraph 1 of Law nº 9.504/1997).
For the elections held in 2010, Law nº 12.034/2009 introduced a legal device known as
secret donation, which is a contribution given directly to parties, who in turn distribute the funds
raised among the candidates. The High Electoral Court issued a resolution designating the
candidates among whom those funds were to be distributed, a measure that was challenged by
some and praised by others, as mentioned above. The fact remains that, once again, the role
played by political parties in the electoral process was reinforced. It is possible to perceive a
mild return to the previous state of affairs, which placed political parties at the center of the process
of raising and distributing campaign funds. Theoretically, the measure favors the primacy of parties
in the context of the competition for power. It also brings into play another factor that can cause
voters to change their political stance, affecting their voting preferences. In practical terms,
however, the rule received negative reviews from the system and the community, on the grounds
that it prevented the exact identification of the candidate who received the donation.
The voting citizen and representative density
The electoral system - Proportionality
One of the most intensely criticized aspects of the 2010 elections was the electoral system
adopted – the proportional method – for legislative seats (House of Representatives and state
legislatures). The tone of the criticism was typical of an electoral process that was marked by the
denigration of the image of politicians. The landslide victory of clown Tiririca, whose election secured
seats for another four candidates from his ultra-small party (PR) resulted in a controversial debate
regarding the failures and defects of this formula.
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In fact, the segment in which elections are proportional – involving seats to the various
legislatures – is complex and sensible. This happens because, although the model is the one most
effective in ensuring the representation of the greatest possible number of sectors of the
community41, the peculiarities of the standard adopted in the Brazilian domestic context is seriously
flawed and open to criticism.
In effect, the method, as defined by law, employs a proportional technique, which involves a
subsystem called Electoral Quotient, coupled with a Partisan Quotient, and it takes into account
the highest average in order to distribute remainder votes42. It involves three operations designed to
favor political parties and, incidentally, those parties with the highest electoral density, as this
distribution assigns the greatest number of remaining legislative seats (the remainders) to the
parties that obtained the most votes.
As explained previously, the system revolves around an entity – the political party. It
eliminates form the dispute the parties that fail to reach the Electoral Quotient, regardless of
whether some of their candidates did well at the ballot box. On the other hand, it assigns seats to the
parties or coalitions whose set of candidates received the most votes as a whole. And this
operation, at times, can produce true electoral fictions, as was the case with PRONA43, which
outraged voters in 2002 on account of the blatant distortion of their representation, and is the case
today with Tiririca.
The PRONA phenomenon served to demonstrate the perverse effects, in terms of
representation, of a proportional standard that is entirely linked to political parties, and this
demands careful consideration of the mechanisms established by the Constitution for political
representation. Furthermore, it calls for more attention with regard to the need for a new effort aimed
at electoral and political reengineering, which would open the path for a renewed debate on Political
Reform. Moreover, it cannot be ignored that among the proposals for change, the motion for district-
based elections is still intact, a measure that could certainly minimize the risk of this kind of
distortion of political representation occurring again.
The issue is that a mixed district-based election – the German model – would require 50% of
the legislative seats (it could be any other percentage: 25%, 60%, 40%) to be elected by a pure
majority in a single-vote election, whereby votes would go to the candidate and the winners would be
41The model known as the proportional system is based upon the idea that the number of votes obtained by a party must be proportional to the number of seats it wins. Its objective, in order to ensure equity and fairness in the electoral process – is to assign to each political party its fair share of seats to the legislature. Thomas Hare, a London lawyer, is usually credited with the idea regarding the application of proportionality within the electoral context. Actually, this system was first applied in Belgium in 1899, as a result of a proposal made by Mathematics and Law professor Victor d’Hondt, which was submitted in a bill presented by the Chief Justice, Van den Heuven. See our Sistemas eleitorais x representação política. Brasília: Senado Federal, 1987. p. 149 and ff.
42Electoral Code (Law nº 4.737/65), Articles 106, 107, 108 and 109. See the Electoral Quotient mechanism coupled with the highest average technique for remainders, in Sistemas eleitorais x representação política, cit.
43In this incident involving PRONA (2002 elections), the party won six seats in the House of Representatives based exclusively on the votes obtained by its leader, Eneas (1,572,292 votes). The other candidates obtained an insignificant number of votes (Amauri R. Gasques /18,409 votes, Irapuan Teixeira /672 votes, Elimar/ 483 votes, Ildeu Araújo/ 382 votes, Vanderlei Assis/ 275 votes), well below the minimum amount of votes necessary to get elected, which was about 100,000.
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those who received, per se, the most votes. The remaining seats would be assigned by means of the
proportional technique, taking into consideration the number of votes obtained and distributing the
remaining seats according to the number of votes won by the party.
However, it should be emphasized that a district-based model is not immune to maneuvers
that could eventually deteriorate and distort it. From practices that range from comfortable
accommodation to the practice of gerrymandering44 or electoral geometry, it can favor the politicians
in office, as they have the authority to arrange or rearrange districts to their convenience. That is
what occurred in Venezuela in the parliamentary elections held on September 26, 2010, in which the
President obtained a clearly artificial majority by rearranging the electoral districts.
Having discussed the well-known and much-debated method known as “district-based
elections”, which has important sympathizers in the political scenario and is, with every new
legislature, briefly included on the legislative agenda, only to be forgotten once again in the shadows
of Congress, it is worth examining in greater detail the mixed method, known as the single
transferable vote system, advocated by Thomas Hare at the end of the 19th century45. This system
enables an effective valuation of the political choice of voters at the ballot box, as it includes the
possibility of indicating preferences: first choice, second choice, third choice… Additionally, it allows
a more democratic distribution of seats among candidates, focusing on the need for effective
representation. In this context, voters vote on a single candidate; the vote, however, is transferred to
another candidate of their choosing if their first-choice candidate wins, or if the number of votes
obtained by the candidate falls below a minimum and has therefore no chance of being elected.
The technique is likely to be more complex. It involves a first operation, whereby the
electoral quotient (EQ) is determined, and a second one that includes several complementary
operations for measuring and assigning preferences. Its adoption, however, would avoid the
emergence of artificial parties lacking electoral consistency and of questionable representative
value.
Conclusions
1.- Brazilian voters are undergoing a change of mindset, and are eager to take on the
role of players with veto power in the context of competition for power. The 2010 election
evidences the emancipation of Brazilian voters, who gradually intend to do more than simply cast
their vote in the ballot box; they demand integrity throughout the entire election process, they actively
participate and their presence is expressive at the ballot box; they promote debates in the Internet
and use social communication networks to pinpoint the virtues and deficiencies of the proposed
candidates and the results obtained.
44The tactic known as Gerrymandering comprises the list of measures that foster electoral inequality through the manipulation of geographic boundaries. It was created by Elbgridge Gerry, governor of Massachusetts, who in 1842 rearranged the state election districts in a way that it resembled a salamander, in order to suit the interests of his party. For further reading on the subject, see Sistemas eleitorais x representação política, cit. p. 78.
45See note n. 45, second part. The single transferrable vote system is adopted in Ireland and Malta.
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2.- The model the constitutional assembly settled for, which drew inspiration from the
modern tendency to prioritize political partisanship, also gave political parties a monopoly over
candidacies46, effectively preventing the appearance of independent candidates. Parties were
designed to be an indispensable component of the electoral process, that is, the procedures adopted
to elect officials/representatives to public offices. However, there has been an evident shift of
voter preference toward specific candidates, as opposed to the parties they represent. The
sympathy voters feel for certain candidates is in fact a characteristic typical of voting citizens in
Brazil. The link between the candidate and his or her constituents is more solid and concrete.
3.- The possibility of reelection certainly had an impact on the electorate, resulting in
a new awareness that prefers political options which take into account government programs
and weighs the convenience of ensuring the continuity of the public policies in place against
the possible benefits of choosing something different that involves new proposals and
government goals. The choice society is called upon to make now involves government
programs. It seems clear that citizens have perceived and adjusted without difficulty to this new
perspective that associates political preference with a particular government program.
4.- One of the most intensely criticized aspects of the 2010 elections was the electoral
system adopted – the proportional method – for legislative seats (House of Representatives and
state legislatures). The model is complex and sensible, and one of the most effective in ensuring the
representation of the greatest possible number of sectors of the community; however, the
peculiarities of the standard adopted and the distortions caused by its improper application in the
Brazilian domestic context exposes its flaws and leaves it open to criticism.
5.- Among the proposals for change, the motion for district-based elections is still intact, a
measure that, according to its supporters, could certainly minimize the risk of distortions regarding
political representation. However, the district-based model is not immune to maneuvers that could
eventually deteriorate and distort it. From practices that range from comfortable accommodation to
the practice of gerrymandering or electoral geometry, it can favor the politicians in office, as they
have the authority to arrange or rearrange districts to their convenience.
6.- In fact, there are many challenges ahead in the context of competition for power, which is
the key element of the electoral process, and all of the factors mentioned hinder the full exercise of
citizenship. It is imperative that measures be taken in order to empower voting citizens as player with
veto power in the political scenario. However, the first and foremost step to be taken is to provide an
education in politics, as one of the main factors that influence electoral behavior is the contempt
and disapproval reserved for the political class, especially in the legislative branch.
46In accordance with Article 14, paragraph 3, subparagraph V of the Federal Constitution.
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BLANCO VALDÉS, Roberto L. Los partidos políticos. Madrid: Tecnos, 1997.
DELIBERADOR, Giuliano Savioli; KOMATA, Nicanor Barry. Reeleição nas eleições municipais de 2008. In: HERMAN-CAGGIANO, Monica (Coord.). Comportamento eleitoral. Barueri: CEPES; Manole, 2010. (Série Culturalismo Jurídico/Cláudio Lembo, coord.). ISBN 978-85-7868-002-2.
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LOEWENSTEIN, Karl. Teoria de la Constitución. Barcelona: Ariel, 1976.
MENEZES, Fernanda Montenegro de. Marketing político: eleições municipais de 2008. In: HERMAN-CAGGIANO, Monica (Coord.). Comportamento eleitoral. Barueri: CEPES; Manole, 2010. (Série Culturalismo Jurídico/Cláudio Lembo, coord.). ISBN 978-85-7868-002-2.
NOHLEN, Dieter. Sistemas electorales y partidos políticos. 1. reimpr. México: Fondo de Cultura Económica, 1995.
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Cadernos de Pós-Graduação em Direito, Comissão de Pós-Graduação da Faculdade de Direito da USP, São Paulo, n. 6, 2012
CADERNOS DE PÓS-GRADUAÇÃO EM DIREITO
ESTUDOS E DOCUMENTOS DE TRABALHO
Normas para Apresentação
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Cadernos de Pós-Graduação em Direito, Comissão de Pós-Graduação da Faculdade de Direito da USP, São Paulo, n. 6, 2012
CADERNOS DE PÓS-GRADUAÇÃO EM DIREITO
ESTUDOS E DOCUMENTOS DE TRABALHO
Normas para Apresentação
A apresentação do artigo para publicação nos Cadernos de Pós-Graduação em Direito deverá obedecer as normas da Associação Brasileira de Normas Técnicas (ABNT)
● Titulo: Centralizado, em caixa alta. Deverá ser elaborado de maneira clara, juntamente com a versão em inglês. Se tratar de trabalho apresentado em evento, indicar o local e data de realização.
● Identificação dos Autores: Indicar o nome completo do(s) autor(res) alinhado a direita. A titulação acadêmica, Instituição a que pertence deverá ser colocado no rodapé.
● Resumo e Abstract: Elemento obrigatório, constituído de uma seqüência de frases concisas e objetivas e não de uma simples enumeração de tópicos, não ultrapassando 250 palavras. Deve ser apresentado em português e em inglês. Para redação dos resumos devem ser observadas as recomendações da ABNT - NBR 6028/maio 1990.
● Palavras-chave: Devem ser apresentados logo abaixo do resumo, sendo no máximo 5 (cinco), no idioma do artigo apresentado e em inglês. As palavras-chave devem ser constituídas de palavras representativas do conteúdo do trabalho. (ABNT - NBR 6022/maio 2003).
As palavras-chave e key words, enviados pelos autores deverão ser redigidos em linguagem natural, tendo posteriormente sua terminologia adaptada para a linguagem estruturada de um thesaurus, sem, contudo, sofrer alterações no conteúdo dos artigos.
● Texto: a estrutura formal deverá obedecer a uma seqüência: Introdução, Desenvolvimento e Conclusão.
● Referências Bibliográficas - ABNT – NBR 6023/ago. 2000.
Todas as obras citadas no texto devem obrigatoriamente figurar nas referências bibliográficas. São considerados elementos essenciais à identificação de um documento: autor, título, local, editora e data de publicação. Indicar a paginação inicial e final, quando se tratar de artigo de periódicos, capítulos de livros ou partes de um documento. Deverão ser apresentadas ao final do texto, em ordem alfabética pelo sobrenome do autor.
● Citações: devem ser indicadas no texto por sistema numérico, obedecendo a ABNT - NBR 10520/ago. 2002.
As citações diretas, no texto, de até 3 linhas, devem estar contidas entre aspas duplas.
As citações diretas, no texto, com mais de três linhas devem ser destacadas com recuo de 4 cm da margem esquerda, com letra menor que a do texto utilizado e sem aspas.