A inaplicabilidade da fidelidade partidária em cargos majoritários à luz da atual jurisprudência

Abstract

Electoral law is a very peculiar discipline in the country's legal system, which has its own rules and principles, especially as regards its function of regulating the electoral process. The main objective of this monographic work is to analyze the institute of party loyalty and its non-application to the holders of positions elected under the majority route. The subject studied was entitled: "The inapplicability of the party loyalty in major positions in light of the current jurisprudence." The present work was based on the study and analysis of the institute of party loyalty, focusing mainly on the elective mandate holders chosen by the majority route, with the purpose of examining and understanding the judicial measures and regulations that surround the theme, as well as the jurisprudential decisions that surrounds the theme, investigating the application or not of the party loyalty rule in majority positions. The research technique adopted was centered on studies and bibliographical research, as well as on indirect documentation, with the main objective of demonstrating the theoretical, doctrinal and jurisprudential framework that surrounds the subject. For the study, it was used as method of approach the deductive, considering the study of the institute of party loyalty and how the application of this institute is given, thus analyzing the current legislation. It is concluded, therefore, that jurisprudence is fundamental in the study and analysis of any legal matter, being a pacifier of certain themes and complementary legislative source, especially as regards to the social right of the vote, basilar point in any democracy.