Fidelidade partidária: ameaçada ou efetivação ao estado democrático de direito?

Abstract

This research presents an analytical approach on the institution of party loyalty on the scene of a democratic state. For that, initially, we seek to demonstrate through an historical evaluation popular participation in decision-making process of the state, until reaching the current state model, where people have legitimate holder of power, has its greatest activity, being a achievement of a democratic state. In the following lines, explains the role of political parties in representing the people against the state, showing up as real vectors will between civil society and state. It is analyzed by following the institution of party loyalty, demonstrating its willingness in the Constitution and the statutes of the parties with greater representation in Congress. Still, it is observed as the institute is prepared in foreign laws, revealing the close relationship between consolidated democracy and party loyalty. Next, to identify the importance that states political parties in democratic scenario, calls attention to the importance of obedience to the rules on party loyalty. How this might work in the consolidation of Brazilian democracy. However, it appears that the treatment given to it in the Brazilian legal system causes a real concern threatening political institutions that comprise the Brazilian democratic state. For preparation of the monograph that follows, will be used the deductive method, procedure and technique monographic literature. In this vein, it was found that the institution of party loyalty, the way he is being treated by the legal mother may contribute to a possible crisis in the institutions that comprise the Brazilian Democratic State, weakening the democratic national. So, it is proposed that the institute is studying positivised effectively so as to facilitate a strengthening of the state model in question.