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1∗Professora Associada do Departamento de Direito do Estado, da Faculdade de Direito da Universidade de São Paulo.

AN OVERVIEW ON COMPETITION FOR POWER IN BRAZIL

Voting Citizens in the 21st Century. 2010 Elections

Monica Herman Salem Caggiano∗

n. 6, 2012

Cadernos de Pós-Graduação em Direito, Comissão de Pós-Graduação da Faculdade de Direito da USP, São Paulo, n. 6, 2012

©2011 Comissão de Pós-Graduação da Faculdade de Direito da USP

Qualquer parte desta publicação pode ser reproduzida desde que citada a fonte

UNIVERSIDADE DE SÃO PAULO Reitor: João Grandino Rodas Vice-Reitor: Hélio Nogueira da Cruz Pró-Reitor de Pós-Graduação: Vahan Agopyan Faculdade de Direito Diretor: Antonio Magalhães Gomes Filho Vice-Diretor: Paulo Borba Casella Comissão de Pós-Graduação Presidente: Monica Herman Salem Caggiano Vice-Presidente: Estêvão Mallet

Ari Possidonio Beltran Elza Antônia Pereira Cunha Boiteux Francisco Satiro de Souza Júnior Giselda Maria Fernandes Novaes Hironaka Luis Eduardo Schoueri Renato de Mello Jorge Silveira Serviço Especializado de Pós-Graduação Chefe Administrativo: Maria de Fátima Silva Cortinal Serviço Técnico de Imprensa Jornalista: Antonio Augusto Machado de Campos Neto Normalização Técnica CPG – Setor CAPES: Marli de Moraes Correspondência / Correspondence A correspondência deve ser enviada ao Serviço Especializado de Pós-Graduação da Faculdade de Direito da USP / All correspondence should be sent to Serviço Especializado de Pós-Graduação da Faculdade de Direito da USP: Largo de São Francisco, 95 CEP 01005-010 Centro – São Paulo – Brasil Fone/fax: 3107-6234 e-mail: [email protected]

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Pós-Graduação da Faculdade de Direito da USP, São Paulo, n. 1, 2011-. Quinzenal ISSN: 2236-4544 Publicação da Comissão de Pós-Graduação em Direito da Faculdade de Direito da Universidade de São Paulo 1. Direito 2. Interdisciplinaridade. I. Comissão de Pós-Graduação da Faculdade de

Direito da USP CDU 34


Os Cadernos de Pós-Graduação em Direito, da Faculdade de Direito da Universidade de São Paulo, constitui uma publicação destinada a divulgar os trabalhos apresentados em eventos promovidos por este Programa de Pós-Graduação. Tem o objetivo de suscitar debates, promover e facilitar a cooperação e disseminação da informação jurídica entre docentes, discentes, profissionais do Direito e áreas afins.

Monica Herman Salem Caggiano

Presidente da Comissão de Pós-Graduação da Faculdade de Direito da Universidade de São Paulo


SUMÁRIO

AN OVERVIEW ON COMPETITION FOR POWER IN BRAZIL .............................................................................................................. 4 Voting Citizens in the 21st Century. 2010 Elections Monica Herman Caggiano

CADERNOS DE PÓS-GRADUAÇÃO EM DIREITO: ESTUDOS E DOCUMENTOS DE TRABALHO .................................................................. 22 Normas para Apresentação

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AN OVERVIEW ON COMPETITION FOR POWER IN BRAZIL∗

Voting Citizens in the 21st Century. 2010 Elections

Monica Herman Caggiano∗∗

Summary: Introductory note. 2010 general election. Voters: players with veto Power. Voting citizens and their participation in the political decision-making process. Voting citizens and partisan structure. Interface for the electoral equation. Impact on results. Voting citizens and representative density. Proportionality.

Keywords: voting citizens; 2010 general election; elections; vote; political representation; citizens with voting power / player with veto power; democratic elections; political party; voters in relation to parties; voting citizens and their political stance.

Introductory note

The 2010 general election marked the beginning of a new term in Congress, bringing with it

some new – and at times eccentric – characters that were sworn into office both in the House of

Representatives and the Senate. Furthermore, the impact of the “clean record” (Ficha Limpa) statute

and its still timid and nebulous effects, the birth of a powerful political party, the resurgence from the

ashes of proposals for political reform1, are all factors that have recently rekindled the debate on

elections in the political scenario. The manifestation of voting preferences, its relevance, the

formulas adopted in order to establish the results of an election – in short, the vocation of our voting

system for ensuring political representation that mirrors the expectations and perspectives of the

Brazilian society of the 21st century.

∗Acknowledgment: I wish to thank Mr.Tomás Olcese, a graduate student at the Faculty of Law of the University of São

Paulo, who helped me improve the style of my translation into English of this article, which was originally written in Brazilian Portuguese.

∗∗Associate Professor at the Department of Public Law at the University of São Paulo. Received her Habilitation (Livre-Docência) in Constitutional Law from the Faculty of Law of the University of São Paulo. President of the Post-Graduation Board of the Faculty of Law of the University of São Paulo. Full Professor of Constitutional Law and Coordinator of the Corporate Law Post-Graduation Program at Mackenzie Presbyterian University. Special Advisor to the Governor of the State of São Paulo (2006). Attorney General for the Municipality of São Paulo (1995-1996). Secretary of Legal Affairs for the Municipality of São Paulo (1966). Attorney for the Municipality of São Paulo.

1The expectations surrounding a Political Reform – almost a myth among us, given that it was first spoken of in the early 1990s (20th century) and it continued to be the object of political debate and promising proposals after every election – were buried on May 26, 2009, when the bill submitted by Congressman Ibsen Pinheiro Pinheiro (PMDB-RS), who had been assigned to prepare the final draft, was rejected. The chairman of the committee for the Reform bill was Congressman Ronaldo Caiado. At the time, it was suggested that proposals for political reforms, such as public funding, closed-list elections, district-based elections etc., be effected by means of constitutional amendment (see article published by UOL, May 26 2009, available at: <www.uol.com.br>).

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At the present moment in the Brazilian political scenario, in which democracy is

strengthened by the elections held in 2010, an event that was characterized by alternation,

compliance with the “free and fair elections” clause2, ballot secrecy and the reliance of the voting and

counting systems, nothing seems more fitting than to study and analyze the current electoral

system, highlighting the development and improvement that have so often been demanded – and

are still demanded – by a handful of sectors of society, thereby fueling interminable waves of political

and electoral reforms, which are today virtually part of our electoral mythology.

General Elections 2010

Voters: players with veto power

The subject has already been approached on other occasions. It seems relevant, however,

to point out the fact that, according to most of the studies conducted on the issue, the historical

development of elections in Brazil follows the predominant trend in the rest of Latin America, which is

one marked by a series of setbacks and obstacles to their full implementation. The rather limited

significance attributed to elections in Latin America, including Brazil, stems from this notion3.

However, insofar as the domestic electoral context is concerned, our true vocation for free and fair

elections, now practically ingrained in Brazilian nature, must be emphasized. Elections have

been relatively commonplace, especially in a local context, as they are inherent to the model of

organization and administration created by Portuguese settlers4, a phenomenon that characterizes

suffrage as an inherent element of the Brazilian temperament that has evolved with time5. Suffrage,

therefore, was incorporated into the Brazilian tradition, regardless of the role, function or importance

given to it by the abundant legislation that contemplated it.

2The “free and fair election” clause recognizes as democratic only elections that are free and competitive, requiring the verification of the compatibility between the model adopted and electoral formulas that meet the following criteria:

(a) designation of representatives that express the will of the people, so as to ensure that the various heterogeneous tendencies and political views identified in the community are adequately represented and updated through direct, secret ballot and equal voting rights; (b) representation of all citizens by the body of elected representatives, which excludes from democratic electoral systems the possibility of an imperative mandate; (c) pluralistic candidacies, with the elimination of any obstacles to the electoral success of any political tendencies, provided that they be compatible with democratic principles; (d) prohibition against excessive personalization of the election, which implies the recommendation that candidacies be partisan; (e) electoral systems capable of adequately embodying the votes and transforming them into seats in Congress, in accordance with the will of the people expressed in the election. (See Dos direitos políticos, which I co-authored with Cláudio Lembo. In: KANASHIRO, Sônia Yuriko (Coord.). Direito constitucional. São Paulo: Malheiros Ed., 2009. ISBN – 978-85-7420-954-8).

3NOHLEN, Dieter. Sistemas electorales y partidos políticos. 1st reprint. México: Fondo de Cultura Económica, 1995. 4According to HOLANDA, Sérgio Buarque de (Dir). História geral da civilização brasileira. 7. ed. São Paulo: Difel, 1985. t.

1. “In municipalities judges, city counselors and other authorities were elected annually in elections whose irregularities forced the king to intervene in order to extricate the inherent evils of the dominant system”.

5For further reading on the subject, see my article: O cidadão eleitor: o voto e o papel que desempenha no quadro brasileiro. In: MARTINS, Ives Gandra da Silva (Coord.). As vertentes do direito constitucional contemporâneo: estudos em homenagem a Manoel Gonçalves Ferreira Filho. Rio de Janeiro: América Jurídica, 2002.

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The electoral process, which culminated with the 2010 elections, in a way shows the

emancipation of Brazilian voters, who gradually intend to do more than simply cast their vote in the

ballot box; they demand integrity throughout the entire election process, they actively participate and

their presence is expressive at the ballot box; they promote debates in the Internet and use social

communication networks to pinpoint the virtues and deficiencies of the proposed candidates and the

results obtained. It can be said that the 21st century voter has already taken on the role of a

player with veto power in a democratic context. Having gained consciousness of their

relevance in the production of political decisions, voters exercise citizenship through all the

instruments put at their disposal by new constitutional resources and sophisticated

technologies. They attend elections and vote, but they also participate through various other

means: popular actions, writs of injunction, collective injunctions, the well-known direct actions of

unconstitutionality, and all the other legal mechanisms that authorize citizens to contribute to the

implementation of fundamental political decisions and, on the other hand, promote the phenomenon

of politicization of justice or judicialization of politics.

One must also take into account that communication via the Internet has done away with

many former barriers and today, with the aid of modern technology, voters can make or break

candidacies, as well as propose new laws to regulate the elections, such as the much-celebrated law

that is now known as the “clean record” statute (Lei da Ficha Limpa – Complementary Law nº 135,

passed on June 4, 2010), which excludes6 from the electoral process candidates who have been

criminally convicted by a High Court of electoral corruption, abuse of economic power, purchase of

votes etc. It is of particular interest that this bill was introduced to Congress by popular initiative,

through the collection of signatures vi Internet7.

The low rate of abstention, of about 18%, should also be noted, a fact that is often

attributed to the compulsory nature of suffrage in Brazil (in accordance with paragraph 1 of Article 14

of the Federal Constitution). The truth is that the procedure to justify abstention is extremely simple

6A ruling by the Supreme Federal Court, of March 23 2011 – by 6 votes against 5 – determined that the “clean record” statute was not to be enforced in the general elections of 2010, due to a constitutional clause that requires any law affecting the electoral process to be in force a minimum of one year prior to the election it is to regulate.

7Actually, the “clean record” statute originated from an action (ADPF 144) filed by the AMB (Association of Brazilian Magistrates) that advocated the authority of electoral judges to examine the criminal and administrative malpractice records of candidates and grant or deny eligibility based on such records. The point in question was: “Should candidates who are involved in criminal or administrative malpractice lawsuits be prevented from running for elective office? The Supreme Federal Court ruled against the motion, regarding which Supreme Court Justice Gilmar Mendes made the following remarks: - “despite the fact that most of society would expect this Court to grant electoral judges the possibility to deny eligibility to defendants in criminal and administrative malpractice lawsuits, the Court must not rule on the matter in a way that could create injustice”. He added that: “We are increasingly aware of the fact that the Justice must be found in the law and not in the streets”. Justice César Peluso, who also ruled against the motion, emphasized human dignity, pointing out that “the blemish of criminality constitutes the most serious damage that can be inflicted upon a person”. In spite of the failure of the action in 2008, from that moment onward an intense popular movement began to gain momentum, via the Internet, calling Congress into action and demanding that a new law be drafted. The statute in question was finally enacted in June 2010, an election year, which resulted in a constitutional impediment to its enforcement: Article 16 of the Federal Constitution requires that any law that modifies the electoral process be in force a minimum of one year before the election. Its enforcement during the 2010 elections was unauthorized by a ruling of the Supreme Federal Court of May 23, 2011, on the grounds that it would violate the principle contained in Article 16 of the Federal Constitution.

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and the fines imposed are minimal – added to the fact that amnesty on electoral sanctions is often

granted –, which, in practical terms, characterizes suffrage in Brazil as voluntary.

Furthermore, the 2010 general elections indeed became a large-scale electoral event

involving more than 136.4 million voters, which represented a 7.8% increase in relation to the

previous general election held in 2006, twenty-six federal member-states and the Federal District,

the election of the President and Vice President, 513 federal representatives, fifty-four senators (two-

thirds of the Senate), state governors and vice governors, as well as state representatives to state

legislatures, of which ninety-four were to be elected to the São Paulo state legislature alone. The

rate of abstention, therefore, is rather insignificant, which confirms the electoral vocation of

Brazilian citizens.

With regard to the exercise of active suffrage, a peculiarity should be noted: the vast

female electorate that, seventy-six years after their inclusion as voting citizens, now

surpasses the male electorate, representing 51.8% of the Brazilian electorate (roughly 70.4

million voters), while males represent 48.1% of the total (about 65.2 million voters)8.

Surprisingly, however, there is no symmetry when it comes to the participation of women in both the

active and passive roles of the election process. Regarding applications for candidacy, as will be

shown below in the section that discusses the attitude of voting citizens and their participation in the

political decision-making process, the participation of women is limited and timid.

The domestic configuration of active suffrage doubtlessly presents an expanded field that

grants 16- to 18-year-olds the option to register as voters and thereby participate in the

election (Article 14, paragraph 1, sub-paragraph II, line “c” of the Federal Constitution). In the 2010

elections, however, there was an 18% decrease in voters within that age range interested in

exercising that option, according to data provided by the High Electoral Court9. Furthermore, the

inclusion of illiterates10, of which there is a large portion especially in the Northern and

Northeastern regions of Brazil, configures a diversified and manifestly large electorate in the eyes of

the analyst.

The drastic and draconian law that bans advertising in electoral campaigns, thereby severely

limiting the channels available for communication between voters and candidates11, was mitigated

with the enactment of Law nº 12.034, of September 29, 2009, which introduced the Internet as a

campaigning tool. Its potential is expressive, given that nearly 56 million Brazilians have access to

the Internet, according to data provided by the IBGE (Brazilian Institute of Geography and

Statistics)12. Additionally, it cannot be ignored that this innovative legislation expanded the use of the

8UOL Notícias, July 20, 2010. Available at: <http://noticias.uol.com.br/>. 9Id. Ibid. 10The inclusion of illiterates into the electorate took place in 1988, as provided by the present Constitution, which was

enacted on October 5, 1988. The text, however, reproduced a rule that had already been in force since 1985. 11Law nº 11.300/2006 – the so-called political mini reform. On political and partisan advertising, see also MENEZES,

Fernanda Montenegro de. Marketing político: eleições municipais de 2008. In: HERMAN-CAGGIANO, Monica (Coord.). Comportamento eleitoral. Barueri: CEPES; Manole, 2010. (Série Culturalismo Jurídico/Cláudio Lembo, coord.). ISBN 978-85-7868-002-2.

12Data obtained from UOL Notícias, January 2, 2010. Available at: <http://noticias.uol.com.br/>.

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Internet, making it possible to fundraise via the Internet. Paradoxically, however, the Internet was

not much utilized, and for this reason its full potential as a means to broadcast campaign

messages and raise campaign funds was not explored. Although it was used by citizens to

intervene in the election process, by providing a tool with which to influence and pressure Congress

to pass the “clean record” statute, until now it has had an extremely limited impact in terms of

campaign publicity and fundraising.

Along with the expansion of the Internet for advertising purposes, the above-mentioned Law

nº 12.034/2009 introduced the possibility of giving secret donations, in other words, contributions

made directly to the political party, which were later banned by a resolution passed by the High

Electoral Court. This resolution was challenged by various political parties (DEM, PT and PSDB) that

considered the restriction to be illegal, but the ruling of the Court was upheld13.

In short, the 2010 election included twenty-seven political parties and an electorate of

136,004,825 voters, a complex array of candidacies, including nine candidates for President and

Vice President, 169 candidates for state governor and 181 candidates for vice governor, 6,015

candidates for federal representative, 272 candidates for the Senate, 14,382 candidates for the state

legislature and 884 candidates for district representative14.

Various other aspects would merit attention in this study. However, we shall only cover those

issues that are most relevant to developing citizenship and profiling the voting citizens of the 21st

century, who are conscious of their participative function and are consolidating their presence in the

realm of decision-making.

Voting citizens and their participation in the political decision-making process

As Cláudio Lembo pointed out in his preface to Comportamento Eleitoral (Electoral

Behavior), it is a worthwhile effort to study and analyze the role of voters – and their behavior – when

called upon to cast their vote in the ballot box. In point of fact, the jurist correctly highlights an

“increased appreciation for democracy, which consolidates an inherent tendency of society,

composed of natural voters who value the opportunity to act civically”15. However, this eminent

professor and politician also mentions the complexity of this “thorny issue” regarding which “the

persistent normative reorientation, which today emanates as much from the Legislative Branch as it

does from the Judicial; the negative and often unsympathetic view of politicians; the strengthening of

political parties, which hold a monopoly on candidacies; the rather insignificant participation of

women, as well as the expectation of voters regarding the impact of their vote, pose a challenging

and relevant task…”16.

13UOL. Available at: <www.uol.com.br>. Reproduction of the article published in Agência Brasil, by Luana Lourenço. 14Source: High Electoral Court, on May 1, 2011. Curiously, due to replacements in various tickets, the number of

candidacies for 1st and 2nd senator substitutes evaluated by the Electoral Courts diverges from the number of candidacies for senator (272). For this reason, there were 304 candidacies for 1st senator substitute and 313 for 2nd senator substitute.

15LEMBO, Cláudio. Prefácio. In: HERMAN-CAGGIANO, Monica (Coord.). Comportamento eleitoral, cit., p. XV-XVI. 16Id. Ibid.

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In truth, there are countless challenges involving the issue of competition for power, which

constitutes the framework of the electoral process, and the multiplicity of factors hinders the full

exercise of citizenship rights. The most significant of these factors – which carries a negative

connotation – is the contempt and disapproval faced by the political class, especially in the

legislative branch. A recent survey shows that 40% of respondents have a negative opinion of the

National Congress; on the other hand, 39% consider the performance of congressmen to be

average, and only 15% believe their performance to be good or excellent17.

Created as a consequence of the aversion toward politicians and the corruption that is

usually associated with them, the “clean record” statute nearly brought jurisdictional activities

to a halt due to the avalanche of challenges filed against candidates of any kind. In all member

a string of lawsuits were filed in order to eliminate candidates that fell within the dispositions of the

statute, a move that affected 338 candidates. Out of these, only 25 appeals were admitted to the

Federal Supreme Court; four candidates stepped down and 18 were cleared by the High Electoral

Court18. A ruling by the Federal Supreme Court on March 23 of 2011, however, mitigated the

rigid normative effects of Complementary Law nº 135/2010 by declaring it unenforceable by

the courts with regard to the 2010 election. Moreover, the impact caused by the “clean record”

statute invalidated nearly 8,700,000 votes that had been cast in favor of the challenged candidates19.

It should also be noted that the number of females who engage in passive suffrage as

candidates is rather limited, when compared to the predominance of participating female

voters. It is of interest to notice that, in spite of the fact that Law nº 12.035/2009 raised the

mandatory percentage of female candidates to 30%, the inclusion of women among the ranks of

decision makers is extremely limited. In the last 2010 general elections, the scenario was quite

restricted: two candidates for President, 18 candidates for governor, 34 candidates for senator,

against 231 male candidates, and only 4,098 female candidates for federal and state representative.

However, it must be remembered that this withdrawn stance of women is generally the rule in

Brazilian politics. In partisan assemblies, few women occupy leading posts and in the various

legislative houses (whether federal, state or municipal) female presence, as of today, is still rare. A

clear indication are the results of the 2010 election with regard to state governorships, as only three

women were elected for that office. Another example are the 2008 municipal elections, in which

there were only 41 all-female tickets for mayor, within a universe of 5,658 Brazilian municipalities20.

17FOLHA on-line, December 26, 2010. Available at: <http://www.folha.uol.com.br/>. Reported by Cátia Seabra. 18See the information posted on UOL on January 08, 2011. Available at: <www.uol.com.br>, 17h23. 19See the October 2010 issue of VEJA magazine, São Paulo. On account of the ruling by the Supreme Federal Court,

which postponed the enforcement of Complementary Law nº 135/2010 for the following 2012 municipal elections, this rather significant amount of invalidated votes is expected to diminish.

20Following is the full article published by UOL on July 23, 2008. Available at: <www.uol.com.br>, at19H24: in 41 municipalities, only women run for mayor. The most recent survey conducted by the High Electoral Court has identified 41 Brazilian municipalities in which only female candidates may be for office in the coming election. According to the Court, this number could change as more candidates apply for registration before the Electoral Courts. Of the 41 municipalities in which so far only women are running for mayor, ten have a single candidate registered. The state of Paraíba is the one with the largest number of all-female candidates for the chief executive office – seven in all. Following is the state of São Paulo, with five municipalities in this situation. The states of Piauí, Bahia and Rio Grande do Norte have four each. The states of Minas Gerais and Alagoas have three each. In Brazil, the number of female candidates for the municipal chief executive office who applied for registration in the 2008 elections is small when

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Paradoxically, however, a woman was elected for the foremost elective office – the Presidency of the

Republic.

Brazilian voters have undergone a change of mindset, and are now eager to take on

the role of players with veto power, which is partly due to the influence exerted by a network

of NGOs and associations – the organized civil society – that receive institutional support and

whose aim is to ensure social control over the election process, in particular with respect to

candidacies (such as the “clean record” initiative put forth by the AMB) and campaign funding. On

this particular issue, NGOs Contas Abertas (Open Accounts) and Transparência Brasil

(Transparency Brazil) performed a rigorous independent examination of all resources and expenses

incurred by candidates and political parties, an initiative that was encouraged by the Electoral

Courts, which enabled social vigilance through the enactment of resolutions demanding that any

distribution of funds donated to political parties be accounted, that accounts be rendered thoroughly

and constantly and all related information be made public.

Regarding this large-scale electoral event, in which the free exercise of citizenship must

prevail, it is worthwhile to mention effective measures taken by ABERT (Brazilian Association

of Television and Radio Networks) by advocating the unconstitutionality of art. 45,

subparagraph II of Law nº 9.405/1997, which forbade any “trickery, editing or any other

audiovisual effect that in any way may expose candidates, political parties or party coalition

to ridicule or degradation. The incident became known as “the revolution of the comedians”, as

some comedians had been prevented from making humorous remarks or deriding the image of

candidates. The action filed contained a request for an injunction, which was granted by Supreme

Court Justice Carlos Ayres Britto, who regarded the prohibition as a violation of the constitutional

right to freedom of speech, pointing out that only excessive or abusive behavior warranted

sanction21. The case was heard by the full chamber of the Federal Supreme Court in September

2010, and the injunction previously granted was confirmed by a six-to-three vote, at which occasion

the President of the Court, Supreme Court Justice César Peluso, made the following ironic remark:

“The real joke would be to ban humor” 22.

Another fact worthy of mention is the first referendum – popular consultation – held during

the 2010 election, in which voters were asked to state their opinion on a political issue. Referendums

are often held in the United States jointly with elections for state governors so that voters can cast

their vote and also accept or reject a given proposal, and one such referendum was held in the

Brazilian state of Acre regarding time zone change. This referendum was held during runoffs for

state governor, and as a result the time difference in relation to Brasilia was increased.

compared to the applications submitted by male candidates to the same office. There are 1,580 applications by female candidates against 13,677 applications submitted by male candidates. In terms of the number of municipalities with only female candidates, the states of São Paulo and Minas Gerais, which hold the largest constituencies and number of municipalities in Brazil, have so far been surpassed by the state of Paraíba.

21The action in question, which discusses freedom of speech and authorizes comedians to make jokes regarding candidates to elective office, is filed under nº 4451.

22UOL, September 2, 2010. Available at: <www.uol.com.br>. Reported by Felipe Seligman, Brasília.

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Voting citizens and partisan structure

Interface for the electoral equation. Impact on results

Historically, the relation between society and political parties has been characterized by a certain

degree of animosity and, in some cases, even outright aversion and a deep-rooted mistrust toward

political partisanship. The very hostility directed at politicians is cited as the reason behind the

scarce affiliation to political parties. In order to illustrate this, we present the following table,

according to which only about 1% of the electorate is affiliated to a political party:

Political Affiliation Survey

Scope of the Survey: Brazil - All Parties - June / 2010

Party Voters %

DEM 1.103.184 7,952

PC DO B 269.588 1,943

PCB 16.000 0,115

PCO 2.876 0,021

PDT 1.127.868 8,13

PHS 113.851 0,821

PMDB 2.316.661 16,698

PMN 194.171 1,4

PP 1.369.696 9,873

PPS 446.100 3,215

PR 732.268 5,278

PRB 220.743 1,591

PRP 189.995 1,369

PRTB 92.998 0,67

PSB 492.579 3,55

PSC 299.877 2,161

PSDB 1.314.544 9,475

PSDC 140.571 1,013

PSL 168.606 1,215

PSOL 40.626 0,293

PSTU 12.547 0,09

PT 1.393.841 10,047

PT DO B 133.968 0,966

PTB 1.158.721 8,352

PTC 148.230 1,068

PTN 100.453 0,724

PV 273.179 1,969

TOTAL 13.873.741

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The long and arduous road trodden by political parties, as well as their role in the

competition for power, is a constant factor. Political parties, which are mediating entities,

supporting agents in the process by which representatives/leaders and all those who hold elective

office are chosen, and for that very reason also besieged by liberal thought and ignored by classical

constitutional theory, have become a key element for the effective implementation of democracy. As

such, they have been entrusted with some relevant, yet arduous tasks: (a) to ensure a conducive

environment for political participation; (b) to promote compliance among both voters and elected

officials; (c) to simplify the political options available to voters; (d) to provide concrete government

programs and platforms; (e) to act as a cushion that relieves social tension; (f) to ensure relative

representation of minorities, as it congregates a great diversity of factions.

As a result of those functions and their adequate fulfillment, the existing antagonism towards

partisan-based political arrangements – which have been labeled as perverse and detrimental to

democratic ideals – has not been able to deter the evolution nor diminish momentum gained by

partisanship, which has been present throughout the development of democracy.

In fact, parties today have consolidated their role as instruments that enable

communication and participation in the decision-making process; furthermore, they are

designed to recruit leaders and promote political socialization. Therefore, in view of their vast

potential, it is worthwhile to consider the conditions under which they can best fulfill their mission.

Thus, although ideally the outline of a “pasteurized party” should emerge, as it was conceived by

Manoel Gonçalves Ferreira Filho23, the complexity inherent to al issues involving competition for

power demands that each partisan system be conceived in such a way that it accommodates

the idiosyncrasies and specific characteristics of its corresponding political community and

the type of political representation it intends to establish.

It is fitting to stress24, at this point, the remark made by Loewenstein25, in that the

contemporary State is configured as a State of Parties, in which political parties have a virtual

monopoly over the electoral system. The same view was advocated by Hans Kelsen, for whom

modern democracy is founded on political parties. On the same note, Spanish author Roberto

Blanco Valdés26 sustains that: “…in spite of their problems and limitations, in developed capitalist

societies parties are a fundamental instrument and virtually the only one through which citizens can

participate in politics. …they are, for that reason, an instrument of paramount importance for the

effective implementation of democratic principles…”. Following the same line of thought, Maurice

23Manoel Gonçalves Ferreira Filho, in a book published in 1977, defines the pasteurized model as “a party having a democratic structure, whose leadership is elected from among its members, free of corruption, equipped with legitimate sources of funding, of a permanent nature, that contributes toward the political education of the people” – FERREIRA FILHO, Manoel Gonçalves. Sete vezes democracia. São Paulo: Ed. Convívio, 1977.

24Regarding this subject, see my following publication: Direitos políticos: o partido político, canal de comunicação entre governantes e governados. In: MARTINS, Ives Gandra da Silva; MENDES, Gilmar Ferreira; NASCIMENTO, Valder do (Coords.). Tratado de direito constitucional. São Paulo: Saraiva, 2010. v. 1, p. 861-881. ISBN 978-85-02-09091-0.

25LOEWENSTEIN, Karl. Teoria de la Constitución. Barcelona: Ariel, 1976. 26BLANCO VALDÉS, Roberto L. Los partidos políticos. Madrid: Tecnos, 1997.

13


Duverger27 declares that: “parties both create and express public opinion; they rather mold it, instead

of deforming it; there is no echo, but dialog. Without parties there would only be vague, instinctive,

divergent tendencies,…it must necessarily be admitted that the elected official receives two

mandates: on given by the party and another bestowed upon him by the voters”. On the other hand,

Gerhard Leibholz28, in spite of his criticism of parties, recognizes: “the gradual substitution of the

classic model of representative parliamentary democracy by a modern state of parties, founded on a

democracy of the masses”.

Here in Brazil, parties are also viewed as the mainspring of the electoral process, resulting in

the adoption of a new stance by the State. That is the view of José Alfredo de Oliveira Baracho, as

explained in his work A Teoria Geral do Direito Eleitoral e seus Reflexos no Direito Eleitoral

Brasileiro: “the constitutionalization of parties comes hand in hand with the denomination State of

Parties, as a result of the consolidation of the first parties, together with the progressive expansion of

suffrage29”. A similar opinion is advocated by Manoel Gonçalves Ferreira Filho, who notes that: “it

was implicitly recognized that national representation produced a representative oligarchy, they

sought to…find a formula whereby the people could truly govern through their representatives. The

solution found was to turn parties into the key element of democracy, making them into the true

candidates”. “…in the 20th century, a new outlook on the relations between representatives and their

constituents was formulated. This was accomplished through the party mandate theory. As the name

suggests, it is associated to the partisan political phenomenon and especially with the party

democracy model…”30; and Cláudio Lembo31, both in O Jogo da Coragem as in another of his

books, entitled Participação Política e Assistência Simples, glorifies political parties for their role in

the institutional context of the 20th century.

The domestic scenario presents serious difficulties regarding the issue of political parties,

which are clearly noticeable at a mere glance. Article 17 of the 1988 Federal Constitution establishes

that political parties are corporate persons of private law and it ensures the freedom to create,

merge, incorporate and extinguish them (main paragraph), as well as the autonomy to define their

structure, organization and operation. Law nº 9.906, of September 19, 1995, pre-established various

rules for their organization and operation, as well as guidelines regarding the drafting of their

charters and rules that regulate party affiliation, among other topics.

However, the model the constitutional assembly settled for, which drew inspiration from the

modern tendency to prioritize political partisanship, also gave political parties a monopoly over

candidacies32, effectively preventing the appearance of independent candidates. Parties were

designed to be an indispensable component of the electoral process, that is, the procedures adopted

27DUVERGER, Maurice. Institutions politiques et droit constitutionnel. Paris: PUF, 1971; see also the author of Partidos políticos. Translated by Cristiano Monteiro Oiticica. Rio de Janeiro: Zahar, 1970.

28LEIBHOLZ, Gerhard. La representazione nella democrazia. Milano: Giuffrè, 1989. 29BARRACHO, José Alfredo de Oliveira. A teoria geral do direito eleitoral e seus reflexos no direito eleitoral brasileiro. Estudos Eleitorais, Brasília, v. 1, n. 1, p. 67, jan./abr. 1997.

30FERREIRA FILHO, Manoel Gonçalves. Curso de direito constitucional. São Paulo: Saraiva, 2008. 31LEMBO, Cláudio, op. cit. supra. 32In accordance with Article 14, paragraph 3, subparagraph V of the Federal Constitution.

14


to elect officials/representatives to public offices. Thus, whether by themselves or through coalitions,

political parties are responsible for granting ballot access to the candidates they present to voters, as

well as for organizing the campaign to promote them.

In fact, political parties gained momentum when partisan defection by renegade elected

officials was banned, in other words, when partisan fidelity became mandatory under a

Resolution edited by the High Electoral Court. This came as a result of what had become

popularly know as musical chairs, coupled with the passivity of the legislative branch, which, in spite

of having produced several bills to address the issue, did not obtain any concrete results. For this

reason, the High Electoral Court presented a practical and concrete solution, ruling in favor of

removing from office any elected officials who abandoned the party that had gotten them elected.

Thus, the issue of renegade officials was brought to an end, as measures had been taken to

address it, and inter-partisan tourism was effectively banned by Resolution nº 26.610, of October

25, 2007, edited by the High Electoral Court, which also established the conditions and the

procedures for removing from office elected officials who abandoned the party that got them

elected33.

Parties gain relevance mainly during campaign season. Apart from the control they exercise

over candidacies and ballot access, parties also hold exclusive rights over advertising

campaigns on radio and television. The struggle for broadcast time, in fact, is one of the most

powerful reasons why smaller political parties almost invariably participate in the elections

through coalitions, by which they increase the broadcast time allotted to the larger parties in

exchange for marketing resources and more effective advertising for their own candidates34.

However, the scope of their participation is often limited to making an appearance in the ballot, an

appearance that, provided it does not reflect negatively on the campaign on account of the

concealed political support given to stronger candidates, it does service to the consolidation of

political participation and the expansion of possibilities for exercising citizenship.

The 2010 elections saw a marked change regarding the behavior of voters with respect to

parties, especially the smaller ones. Results showed a clear preference for medium-sized parties,

which were able to garner sufficient votes to elect 275 federal representatives, that is, 53.6% of the

seats in the federal House of Representatives. Actually, what the survey conducted by the House of

Representatives shows is that voter preference has shifted to candidates from medium-sized parties.

Thus, there was an increase in relation to 2006, when 38.4% of the seats were taken by candidates

from those parties. Furthermore, there was also an increase in the number of ultra-small political

parties (holding less than 1% of the seats). While six such parties held seats in Congress in 2006,

nine small parties filled seats (albeit few) in Congress in 201035.

33On the issue of partisan fidelity, as well as the report of the solution given by the judicial branch, see LEMBO, Cláudio (Coord.). O voto nas Américas. Barueri: CEPES; Manole, 2008. (Série Culturalismo Jurídico/Cláudio Lembo, coord.).

34Such practices were adopted in the 2010 elections, in which the PT increased by 5% the time allotted for its candidate to the Presidency through a coalition with the PSC, the PTC and the PRB, in exchange for approximately R$ 5.8 million in campaign funds (see article published in O ESTADO de S. Paulo, São Paulo, May 18, 2011. p. A6).

35Agência Câmara, 24.10.2010.

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Parties and Seats

On the other hand, there has been an evident shift of voter preference toward specific

candidates, as opposed to the parties they represent. The sympathy voters feel for certain

candidates is in fact a characteristic typical of voting citizens in Brazil. The link between the

candidate and his or her constituents is more solid and concrete. In the last election, this tendency

was evident in the landslide wins of two controversial figures (who individually received more votes

than any other candidate to the federal House of Representatives for the state of São Paulo): the first

one was clown Tiririca, who was elected to office representing an ultra-small party (PR), befriended

voters and received 1,353,820 votes; the second one was city counselor Gabriel Chalita, who,

despite having left the PSDB, one of the most influential political parties in Brazil, in order to join the

PSB, a medium-sized party – he was not removed from office on grounds of partisan infidelity –

received 560,022 votes.

Instead of simply voting for party candidates, voters in 2010 chose candidates based

on their regional interests (regional vote) or candidates that represented specific segments of

society, i.e. candidates associated with an interest group, such as banks, the Church, entities or

activities of a religious nature and opinion groups, which resulted in votes in favor of candidates that

advocated improvements to public health services, security, education etc36. Considerations of a

partisan, programmatic or ideological nature were far from determining voter behavior.

Another aspect worthy of consideration, with regard to the decline of voter interest in

partisan arrangements, is the possibility of reelection and how it interacts with electoral behavior.

36See article published in O ESTADO de S. Paulo, São Paulo, Oct. 7, 2010. p. A 18.

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In Brazil, the possibility of reelection was inaugurated by Constitutional amendment nº 16, of June 4,

1997. The amendment constituted an innovation on the subject, breaking with the historical tradition

that prohibited reelection37. The new rule, however, mitigated the restriction, thereby allowing

presidential, gubernatorial and mayoral incumbents to be reelected once to the same office for the

immediately subsequent term38.

In fact, the rule that allows the Chief of the Executive the possibility of one subsequent

reelection is based on the evolution of the American presidential system, more specifically on the

issue regarding to prevent the third and fourth reelections of President Roosevelt, that gave rise to

the enactment of the twenty-second amendment to the United States Constitution, which granted the

possibility of seeking reelection only once.

In South America, at the time of the enactment of the above-mentioned Constitutional

Amendment nº 16/1997, indefinite reelections were rare, and to some degree, met with hostility. In

fact, such practices can hinder and even prevent the alternation of power, while bringing the risk of

perpetuation and deterioration of the elected authority, as a result of the corrosive action caused by

its concentration, for a long period of time, in the hands of one person or group of persons.

In any case, the possibility of reelection certainly had an impact on the electorate,

resulting in a new awareness that prefers political options which take into account

government programs and weighs the convenience of ensuring the continuity of the public

policies in place against the possible benefits of choosing something different that involves

new proposals and government goals. The choice society is called upon to make now involves

government programs.

It seems clear that citizens have perceived and adjusted without difficulty to this new

perspective that associates political preference with a particular government program. Thus,

the last two Presidents of the Federative Republic of Brazil were quite popular, and were

consequently reelected for a second term. With regard to member states, in the 2002 elections eight

candidates ran for reelection to the state governorship, four of whom were elected for a second

term39. In the 2006 elections, sixteen candidates were up for reelection, ten of which were

successfully reelected, and in the 2010 elections, of the twenty candidates up for reelection, eighteen

were successful40.

It is true that even in 1997, when the possibility of reelection was first introduced, the new

rule suffered criticism on the grounds that it would be the source of unfair treatment among the

various candidates, a fact which would doubtlessly configure a perverse side-effect. That concern is

the reason behind the restrictive nature of the clause in question, which belongs to the majority

37The rule that banned reelection first appeared among the dispositions of the Republican Constitution of 1891 (Article 43), and it was left out of the Constitution of 1937 alone.

38Article 14, paragraph 5 of the Federal Constitution (Reelection). 39The following Governors were reelected for a second consecutive term: Geraldo Alckmin (São Paulo), Joaquim Roriz

(Brasília/DF), Flamarion Portela (Roraima), Zeca do PT (Mato Grosso do Sul). 40The subject of REELECTION is thoroughly analyzed by DELIBERADOR, Giuliano Savioli; KOMATA, Nicanor Barry.

Reeleição nas eleições municipais de 2008. In: HERMAN-CAGGIANO, Monica (Coord.). Comportamento eleitoral, cit.

17


system that regulates elections for executive offices (federal, state and municipal). However, one

cannot overlook that the 2010 presidential election was the target of various accusations regarding

the use of state-owned resources and government programs to aid the campaign of the successor to

the President, and in this case no reelection was taking place. The utilization of resources and

political power by incumbent officers or parties constitutes a deformity of the standard known as “free

and fair election” in any electoral context, regardless of whether a reelection is at stake or not.

Curiously enough, although parties hold a monopoly over candidacies, under Law nº

9.504/1997 the bond of solidarity between candidates and parties was weakened with regard to

electoral campaigning. Unlike the policy followed by legislators in the past – which concentrated

responsibility in the hands of the party –, the responsibility is now diluted, allowing candidates to

manage the campaign themselves, including its financial aspects (Article 20, paragraph 2 of Law nº

9.504/1997) and holding them responsible for rendering accounts (Article 28, paragraph 2 of Law nº

9.504/1997). There is one exception to this rule: majority elections (for President, governors and

senators), in which the duty to render accounts on campaign funding falls on financial committees

created by the parties (Article 28, paragraph 1 of Law nº 9.504/1997).

For the elections held in 2010, Law nº 12.034/2009 introduced a legal device known as

secret donation, which is a contribution given directly to parties, who in turn distribute the funds

raised among the candidates. The High Electoral Court issued a resolution designating the

candidates among whom those funds were to be distributed, a measure that was challenged by

some and praised by others, as mentioned above. The fact remains that, once again, the role

played by political parties in the electoral process was reinforced. It is possible to perceive a

mild return to the previous state of affairs, which placed political parties at the center of the process

of raising and distributing campaign funds. Theoretically, the measure favors the primacy of parties

in the context of the competition for power. It also brings into play another factor that can cause

voters to change their political stance, affecting their voting preferences. In practical terms,

however, the rule received negative reviews from the system and the community, on the grounds

that it prevented the exact identification of the candidate who received the donation.

The voting citizen and representative density

The electoral system - Proportionality

One of the most intensely criticized aspects of the 2010 elections was the electoral system

adopted – the proportional method – for legislative seats (House of Representatives and state

legislatures). The tone of the criticism was typical of an electoral process that was marked by the

denigration of the image of politicians. The landslide victory of clown Tiririca, whose election secured

seats for another four candidates from his ultra-small party (PR) resulted in a controversial debate

regarding the failures and defects of this formula.

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In fact, the segment in which elections are proportional – involving seats to the various

legislatures – is complex and sensible. This happens because, although the model is the one most

effective in ensuring the representation of the greatest possible number of sectors of the

community41, the peculiarities of the standard adopted in the Brazilian domestic context is seriously

flawed and open to criticism.

In effect, the method, as defined by law, employs a proportional technique, which involves a

subsystem called Electoral Quotient, coupled with a Partisan Quotient, and it takes into account

the highest average in order to distribute remainder votes42. It involves three operations designed to

favor political parties and, incidentally, those parties with the highest electoral density, as this

distribution assigns the greatest number of remaining legislative seats (the remainders) to the

parties that obtained the most votes.

As explained previously, the system revolves around an entity – the political party. It

eliminates form the dispute the parties that fail to reach the Electoral Quotient, regardless of

whether some of their candidates did well at the ballot box. On the other hand, it assigns seats to the

parties or coalitions whose set of candidates received the most votes as a whole. And this

operation, at times, can produce true electoral fictions, as was the case with PRONA43, which

outraged voters in 2002 on account of the blatant distortion of their representation, and is the case

today with Tiririca.

The PRONA phenomenon served to demonstrate the perverse effects, in terms of

representation, of a proportional standard that is entirely linked to political parties, and this

demands careful consideration of the mechanisms established by the Constitution for political

representation. Furthermore, it calls for more attention with regard to the need for a new effort aimed

at electoral and political reengineering, which would open the path for a renewed debate on Political

Reform. Moreover, it cannot be ignored that among the proposals for change, the motion for district-

based elections is still intact, a measure that could certainly minimize the risk of this kind of

distortion of political representation occurring again.

The issue is that a mixed district-based election – the German model – would require 50% of

the legislative seats (it could be any other percentage: 25%, 60%, 40%) to be elected by a pure

majority in a single-vote election, whereby votes would go to the candidate and the winners would be

41The model known as the proportional system is based upon the idea that the number of votes obtained by a party must be proportional to the number of seats it wins. Its objective, in order to ensure equity and fairness in the electoral process – is to assign to each political party its fair share of seats to the legislature. Thomas Hare, a London lawyer, is usually credited with the idea regarding the application of proportionality within the electoral context. Actually, this system was first applied in Belgium in 1899, as a result of a proposal made by Mathematics and Law professor Victor d’Hondt, which was submitted in a bill presented by the Chief Justice, Van den Heuven. See our Sistemas eleitorais x representação política. Brasília: Senado Federal, 1987. p. 149 and ff.

42Electoral Code (Law nº 4.737/65), Articles 106, 107, 108 and 109. See the Electoral Quotient mechanism coupled with the highest average technique for remainders, in Sistemas eleitorais x representação política, cit.

43In this incident involving PRONA (2002 elections), the party won six seats in the House of Representatives based exclusively on the votes obtained by its leader, Eneas (1,572,292 votes). The other candidates obtained an insignificant number of votes (Amauri R. Gasques /18,409 votes, Irapuan Teixeira /672 votes, Elimar/ 483 votes, Ildeu Araújo/ 382 votes, Vanderlei Assis/ 275 votes), well below the minimum amount of votes necessary to get elected, which was about 100,000.

19


those who received, per se, the most votes. The remaining seats would be assigned by means of the

proportional technique, taking into consideration the number of votes obtained and distributing the

remaining seats according to the number of votes won by the party.

However, it should be emphasized that a district-based model is not immune to maneuvers

that could eventually deteriorate and distort it. From practices that range from comfortable

accommodation to the practice of gerrymandering44 or electoral geometry, it can favor the politicians

in office, as they have the authority to arrange or rearrange districts to their convenience. That is

what occurred in Venezuela in the parliamentary elections held on September 26, 2010, in which the

President obtained a clearly artificial majority by rearranging the electoral districts.

Having discussed the well-known and much-debated method known as “district-based

elections”, which has important sympathizers in the political scenario and is, with every new

legislature, briefly included on the legislative agenda, only to be forgotten once again in the shadows

of Congress, it is worth examining in greater detail the mixed method, known as the single

transferable vote system, advocated by Thomas Hare at the end of the 19th century45. This system

enables an effective valuation of the political choice of voters at the ballot box, as it includes the

possibility of indicating preferences: first choice, second choice, third choice… Additionally, it allows

a more democratic distribution of seats among candidates, focusing on the need for effective

representation. In this context, voters vote on a single candidate; the vote, however, is transferred to

another candidate of their choosing if their first-choice candidate wins, or if the number of votes

obtained by the candidate falls below a minimum and has therefore no chance of being elected.

The technique is likely to be more complex. It involves a first operation, whereby the

electoral quotient (EQ) is determined, and a second one that includes several complementary

operations for measuring and assigning preferences. Its adoption, however, would avoid the

emergence of artificial parties lacking electoral consistency and of questionable representative

value.

Conclusions

1.- Brazilian voters are undergoing a change of mindset, and are eager to take on the

role of players with veto power in the context of competition for power. The 2010 election

evidences the emancipation of Brazilian voters, who gradually intend to do more than simply cast

their vote in the ballot box; they demand integrity throughout the entire election process, they actively

participate and their presence is expressive at the ballot box; they promote debates in the Internet

and use social communication networks to pinpoint the virtues and deficiencies of the proposed

candidates and the results obtained.

44The tactic known as Gerrymandering comprises the list of measures that foster electoral inequality through the manipulation of geographic boundaries. It was created by Elbgridge Gerry, governor of Massachusetts, who in 1842 rearranged the state election districts in a way that it resembled a salamander, in order to suit the interests of his party. For further reading on the subject, see Sistemas eleitorais x representação política, cit. p. 78.

45See note n. 45, second part. The single transferrable vote system is adopted in Ireland and Malta.

20


2.- The model the constitutional assembly settled for, which drew inspiration from the

modern tendency to prioritize political partisanship, also gave political parties a monopoly over

candidacies46, effectively preventing the appearance of independent candidates. Parties were

designed to be an indispensable component of the electoral process, that is, the procedures adopted

to elect officials/representatives to public offices. However, there has been an evident shift of

voter preference toward specific candidates, as opposed to the parties they represent. The

sympathy voters feel for certain candidates is in fact a characteristic typical of voting citizens in

Brazil. The link between the candidate and his or her constituents is more solid and concrete.

3.- The possibility of reelection certainly had an impact on the electorate, resulting in

a new awareness that prefers political options which take into account government programs

and weighs the convenience of ensuring the continuity of the public policies in place against

the possible benefits of choosing something different that involves new proposals and

government goals. The choice society is called upon to make now involves government

programs. It seems clear that citizens have perceived and adjusted without difficulty to this new

perspective that associates political preference with a particular government program.

4.- One of the most intensely criticized aspects of the 2010 elections was the electoral

system adopted – the proportional method – for legislative seats (House of Representatives and

state legislatures). The model is complex and sensible, and one of the most effective in ensuring the

representation of the greatest possible number of sectors of the community; however, the

peculiarities of the standard adopted and the distortions caused by its improper application in the

Brazilian domestic context exposes its flaws and leaves it open to criticism.

5.- Among the proposals for change, the motion for district-based elections is still intact, a

measure that, according to its supporters, could certainly minimize the risk of distortions regarding

political representation. However, the district-based model is not immune to maneuvers that could

eventually deteriorate and distort it. From practices that range from comfortable accommodation to

the practice of gerrymandering or electoral geometry, it can favor the politicians in office, as they

have the authority to arrange or rearrange districts to their convenience.

6.- In fact, there are many challenges ahead in the context of competition for power, which is

the key element of the electoral process, and all of the factors mentioned hinder the full exercise of

citizenship. It is imperative that measures be taken in order to empower voting citizens as player with

veto power in the political scenario. However, the first and foremost step to be taken is to provide an

education in politics, as one of the main factors that influence electoral behavior is the contempt

and disapproval reserved for the political class, especially in the legislative branch.

46In accordance with Article 14, paragraph 3, subparagraph V of the Federal Constitution.

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Bibliographical References

BARRACHO, José Alfredo de Oliveira. A teoria geral do direito eleitoral e seus reflexos no direito eleitoral brasileiro. Estudos Eleitorais, Brasília, v. 1, n. 1, p. 23-80, jan./abr. 1997.

BLANCO VALDÉS, Roberto L. Los partidos políticos. Madrid: Tecnos, 1997.

DELIBERADOR, Giuliano Savioli; KOMATA, Nicanor Barry. Reeleição nas eleições municipais de 2008. In: HERMAN-CAGGIANO, Monica (Coord.). Comportamento eleitoral. Barueri: CEPES; Manole, 2010. (Série Culturalismo Jurídico/Cláudio Lembo, coord.). ISBN 978-85-7868-002-2.

DUVERGER, Maurice. Institutions politiques et droit constitutionnel. Paris: PUF, 1971.

______. Partidos políticos. Tradução de Cristiano Monteiro Oiticica. Rio de Janeiro: Zahar, 1970.

FERREIRA FILHO, Manoel Gonçalves. Curso de direito constitucional. São Paulo: Saraiva, 2008.

______. Sete vezes democracia. São Paulo: Ed. Convívio, 1977.

HERMAN-CAGGIANO, Monica. O cidadão eleitor: o voto e o papel que desempenha no quadro brasileiro. In: MARTINS, Ives Gandra da Silva (Coord.). As vertentes do direito constitucional contemporâneo: estudos em homenagem a Manoel Gonçalves Ferreira Filho. Rio de Janeiro: América Jurídica, 2002.

______. Sistemas eleitorais x representação política. Brasília: Senado Federal, 1987.

______; LEMBO, Cláudio Direitos políticos: o partido político, canal de comunicação entre governantes e governados. In: MARTINS, Ives Gandra da Silva; MENDES, Gilmar Ferreira; NASCIMENTO, Valder do (Coords.). Tratado de direito constitucional. São Paulo: Saraiva, 2010. v. 1, p. 861-881. ISBN 978-85-02-09091-0.

HOLANDA, Sérgio Buarque de (Dir). História geral da civilização brasileira. 7. ed. São Paulo: Difel, 1985. t. 1.

LEIBHOLZ, Gerhard. La representazione nella democrazia. Milano: Giuffrè, 1989.

LEMBO, Cláudio. Prefácio. In: HERMAN-CAGGIANO, Monica (Coord.). Comportamento eleitoral. Barueri: CEPES; Manole, 2010. p. XV-XVI. (Série Culturalismo Jurídico/Cláudio Lembo, coord.).

______ (Coord.). O voto nas Américas. Barueri: CEPES; Manole, 2008. (Série Culturalismo Jurídico/Cláudio Lembo, coord.).

______; HERMAN-CAGGIANO, Monica. Dos direitos políticos. In: KANASHIRO, Sônia Yuriko (Coord.). Direito constitucional. São Paulo: Malheiros Ed., 2009. ISBN – 978-85-7420-954-8.

LOEWENSTEIN, Karl. Teoria de la Constitución. Barcelona: Ariel, 1976.

MENEZES, Fernanda Montenegro de. Marketing político: eleições municipais de 2008. In: HERMAN-CAGGIANO, Monica (Coord.). Comportamento eleitoral. Barueri: CEPES; Manole, 2010. (Série Culturalismo Jurídico/Cláudio Lembo, coord.). ISBN 978-85-7868-002-2.

NOHLEN, Dieter. Sistemas electorales y partidos políticos. 1. reimpr. México: Fondo de Cultura Económica, 1995.

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CADERNOS DE PÓS-GRADUAÇÃO EM DIREITO

ESTUDOS E DOCUMENTOS DE TRABALHO

Normas para Apresentação

23


CADERNOS DE PÓS-GRADUAÇÃO EM DIREITO

ESTUDOS E DOCUMENTOS DE TRABALHO

Normas para Apresentação

A apresentação do artigo para publicação nos Cadernos de Pós-Graduação em Direito deverá obedecer as normas da Associação Brasileira de Normas Técnicas (ABNT)

● Titulo: Centralizado, em caixa alta. Deverá ser elaborado de maneira clara, juntamente com a versão em inglês. Se tratar de trabalho apresentado em evento, indicar o local e data de realização.

● Identificação dos Autores: Indicar o nome completo do(s) autor(res) alinhado a direita. A titulação acadêmica, Instituição a que pertence deverá ser colocado no rodapé.

● Resumo e Abstract: Elemento obrigatório, constituído de uma seqüência de frases concisas e objetivas e não de uma simples enumeração de tópicos, não ultrapassando 250 palavras. Deve ser apresentado em português e em inglês. Para redação dos resumos devem ser observadas as recomendações da ABNT - NBR 6028/maio 1990.

● Palavras-chave: Devem ser apresentados logo abaixo do resumo, sendo no máximo 5 (cinco), no idioma do artigo apresentado e em inglês. As palavras-chave devem ser constituídas de palavras representativas do conteúdo do trabalho. (ABNT - NBR 6022/maio 2003).

As palavras-chave e key words, enviados pelos autores deverão ser redigidos em linguagem natural, tendo posteriormente sua terminologia adaptada para a linguagem estruturada de um thesaurus, sem, contudo, sofrer alterações no conteúdo dos artigos.

● Texto: a estrutura formal deverá obedecer a uma seqüência: Introdução, Desenvolvimento e Conclusão.

● Referências Bibliográficas - ABNT – NBR 6023/ago. 2000.

Todas as obras citadas no texto devem obrigatoriamente figurar nas referências bibliográficas. São considerados elementos essenciais à identificação de um documento: autor, título, local, editora e data de publicação. Indicar a paginação inicial e final, quando se tratar de artigo de periódicos, capítulos de livros ou partes de um documento. Deverão ser apresentadas ao final do texto, em ordem alfabética pelo sobrenome do autor.

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