Tutelas de urgência no contencioso judicial de propaganda eleitoral

Abstract

This dissertation is the result of a legislative, doctrinaire and jurisprudential research on the litigation of canvass and the possibility of alternative use of emergency guardianships under the new Civil Procedure Code. The issue concerns the ways of realization of emergency guardianships - the civil process tools - granted in representations by illegal electioneering, when the illegality occurs in social networks. Search presents the concepts about political advertising and their subspecies: party propaganda, intraparty, electoral and institutional. Moreover, it is remained a constant dialogue between the various legal sources such as the Federal Constitution, the Law on Elections, the Law on Political Parties and the rules of the new Civil Procedure Code that regulate the emergency guardianships. Based on a constitutional dogmatic of fundamental rights, especially regarding the rights to free expression of thought and information, it promotes an analysis of principles that gives upholder for the use of the guardianships emergency in disputes of processes of advertising electoral. It is identified and conceptualized the species of emergency guardianships, expressing itself the procedural syncretism adopted by the new CPC, explaining itself with basis of classical and modern hermeneutic rules which types are allowed in electoral disputes. The work is developed and closes demonstrating that, although there is no express rules in the electoral law governing the use of emergency guardianships in disputes of advertising electoral, either for situations imposed by technological reality, either by a need of the parties in have their rights materials safeguarded, it is necessary to establish communication between the provisions of the new Civil Procedure Code and the Electoral Law, guided by constitutional values, in order to secure a substantial due process of law.