Fidelidade partidária: detenção dos mandatos pelos partidos.

Abstract

This work brings an approach on political parties, with a focus on the issue of party loyalty and the arrest of office by the party, when the elected unjustified leave the legend of origin. The arrest of the mandate by the party in that case, appeared in the Brazilian legal system with the very appearance of party loyalty in the year of 1969. It discussed on political parties, formation and evolution history in order to better understand the importance of the institute of party loyalty. Also explanou on the political system in Brazil, in observance of the significant importance of the legend in some cases. And finally, has been approached about the loyalty party, whose adherence was determined by the Federal Constitution, but without any serious rigid for its follow as in the Charter of 1969, the failure of this standard has become constant. Still explanou itself on Politica! Reform and strengthening of the Party and strengthen democracy that desembocou in intense debate about the standard of party loyalty, understanding the Supreme Electoral Tribunal that the mandate belongs to the party and causes of change of legend without just cause, must the party claiming to wave it belongs, understanding that prevailed in the Supreme Federal Court when dismissing security warrants that pleiteavam mandates of infidels, that although denegasse safety, it belongs to the parties and electoral mandates, opened thus precedent for the Court Supreme Electoral disciplinary about the detention of office by party where the elected unjustified abandons the legend, which strengthens political parties, as well as the democracy of this country.