NASCIMENTO JÚNIOR, F. D.; NASCIMENTO JÚNIOR, Francisco Dionisio do.
Résumé:
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.
