Reforma política e democracia: uma análise jurídico-filosófica acerca da possibilidade de candidaturas avulsas no Brasil

Abstract

The Brazilian Constitution establishes in its article its 14 that only those who have affiliation to a political party can be elected. Therefore, it is clear that independent candidacies are not allowed by the constitutional rules. However, thirty year after the Federal Constitution of 1988, it is questioned in what extent this paradigm is adequate and if the constitutional mechanisms adopted are enough to guarantee an effective representativeness of the society. Thus, it is possible to notice perspectives of change in two fronts: the parliament, since several propositions of amendment to the constitution were presented in order to enable independent candidacies; the jurisprudence, considering the Supreme Court recognized ―general repercussion‖ of the subject regarding the ARE 1.054.490/RJ. In light of the foregoing, it is intended with this research to analyze, from a legal and philosophical perspective, the possibility of independent candidacy, as well as to point the positive and negative point of an eventual change in the law or the jurisprudence.