XAVIER. L.F. S.; XAVIER, Luiz Fernando Soares.
Resumo:
In view of the historical evolution of electoral law about the reelection institute
through the edition of Constitutional Amendment no. 16/1997, the present study
deals with the relationship between reelection and the use of the administrative
machine in the election. Thus, this paper's general objective was to analyze the
abusive use of the administrative machine intertwined with the emergence of
reelection in the Brazilian constitutional order through the edition of Constitutional
Amendment no. 16/1997. This study also intended to present briefly the Brazilian
electoral law, its concept and the main principles that guide it, discuss the duration of
the term of office of the heads of the executive branch and discourse about the
history of reelection in Brazil until the Constitutional Amendment no. 16/1997, and
finally, analyze, in a specific way, the use of the administrative machine and the
relationship between the abuse of power and the principle of equality among
candidates. A bibliographical research was then carried out through the analysis of
books, legal articles, national and international documents, legislation and
jurisprudence. As to its nature, the research is pure. As for the form of approach, the
modality is qualitative, insofar as it seeks to understand the theme from its
explanation and reasons. As to the method of approach, the research is deductive.
As for the objective, the research is descriptive. That said, it was found that
reelection is a potential violator of the principle of equality among candidates, and
that there is a certain advantage in the electoral contest when a candidate has
control of the administrative machine, causing a certain disparity in the electoral
campaign, thus undermining the full exercise of the fundamental right to suffrage, to
the extent that the voter can be influenced by this disparity at the time of choosing
the vote. Where it was possible to conclude that this study contributes to the
discussions about this theme, to the extent that there are still few legal works that
deal specifically with the relationship between the use of administrative machinery
and the institution of reelection, a theme that has extreme relevance to the Brazilian
electoral law.