Pressupostos e reflexos da aplicação do microssistema de tutela no direito eleitoral.

Abstract

This study addresses the application of the collective guardianship system in electoral matters, focusing on its assumptions and reflexes. It was adopted as premise the yearnings of the new constitutional order inaugurated by the Federal Constitution of 1988 and the necessary rereading of several electoral legal institutes. By concluding that most of the assets legally protected by the Electoral Law have a individual target nature, the work defends the requirement to adopt adequate procedural protection. Thus, the research hypothesis is to demonstrate that the mere subsidiary application of the Code of Civil Procedure has remained insufficient, making it essential that electoral litigation dialogue with the collective process. The methodology used in this work derives from bibliographical studies that approach doctrinal interpretations, as well as the analysis of the jurisprudence of the extraordinary national courts, using the inductive approach, and adopting the dialectical method. Thus, it is argued that this new rereading is essential to make the electoral process even more placid, safe and legitimate, in order to promote the constitutional mission of the Electoral Justice to be carried out even more fairly.