THE LOSS OF ELECTORAL MANDATE FOR PARTY INFIDELITY: A CRITICAL ANALYSIS OF CONSOLIDATED JURISPRUDENCE

Abstract

The present research is titled “The Loss of Electoral Mandate for Party Infidelity: A Critical Analysis of Consolidated Jurisprudence.” In the current system of representative democracy in Brazil, the granting of society to elected representatives to act on its behalf stands out. The text emphasizes the importance of political parties in this context, especially regarding party loyalty, which implies adherence to the principles and decisions of the group. Although the Constitution provides for loyalty, it does not establish sanctions for violations, leading the Superior Electoral Court to decide in 2007 that the party is the owner of the parliamentary mandate. Recently, jurisprudence rejects the loss of mandate for infidelity in cases of party expulsion. The critical analysis highlights the impact of these practices on democratic stability, raising questions about the party’s ownership of the mandate. The research, qualitative in nature, examines legal, moral, and political aspects, seeking to understand the legality of actions in the name of party discipline and their conformity with democratic principles such as freedom of expression and participation.