Reeleição e o uso da máquina administrativa no pleito eleitoral.

Abstract

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.