

Author:
Gabriel de Castro Aleixo
Abstract:
This monograph addresses one of the major doctrinal and legal controversies regarding party affiliation today: the possibility of running for office independently of party affiliation. It seeks to understand to what extent this possibility affects democratic principles, namely, popular participation, freedom of association, and free initiative, to the detriment of mandatory affiliation. Discussions and decisions on the subject are analyzed, as well as the arguments presented in ARE 1.054.490-RJ and opinion 22790 – OBF – PGR. The first chapter presents conceptual considerations; it discusses the main transformations and innovations in the national electoral system over time, and the 2017 political reform. The second chapter systematically examines the aforementioned decisions and actions. The third chapter delineates the legal controversies at issue, with the main arguments for and against the possibility of independent candidacy.