Considerações acerca das candidaturas avulsas nas eleições à luz da Constituição Federal de 1988

Abstract

This paper aims to analyze the juridical possibility of separate candidacies in Brazil under the optics of the Federal Constitution of 1988 and International Law and the consequences in future elections, in case of eventual approval. The issue has been controversial because the Brazilian Supreme Federal Court has recognized the general repercussion of the matter dealt in the Extraordinary Appeal with Grievance (ARE) No. 1,054,490/RJ, in which a citizen appealed from successive decisions that rejected his candidacy as mayor of Rio de Janeiro. in the 2016 municipal elections. The problem to be analyzed is whether the prediction of party affiliation as a condition of eligibility is a constitutional, that is, whether it would be a restriction on the right to be a candidate to be affiliated with a political party. The debate is linked to the commitments made by Brazil when it signed the American Convention on Human Rights, which provided for an exhaustive list of assumptions that may restrict political rights and not include the requirement for party affiliation. As the matter is constitutional in nature, and its general repercussion has already been recognized in the Supreme Court, it is necessary to analyze the problem in the light of the parameters of the 1988 Federal Constitution and the American Convention on Human Rights. The paper concludes by the juridical possibility of the permission of separate candidates in elections by the Supreme Court, to maintain the integrity of the legal system, but points out that the solution on the issue must occur by the National Congress, especially by the impact on the electoral system as a whole, which requires legislative complement for its effectiveness, because it was designed for the monopoly of candidacies thro