As federações partidárias e o aproveitamento de votos frente à vedação imposta às coligações proporcionais pela emenda constitucional 97/2017

Abstract

This monograph studies the Federation of Political Parties instituted by Law 14.208/2021 in the face of the constitutional prohibition of party coalitions, which as well as the federations allowed the transfer of votes between legends. The problem at stake is whether the such fence imposed by the Major Law covers any other infraconstitutional forms of party union formation that cause the transfer of votes. Thus, the research aims to interpret the meaning of the prohibition imposed by Magna Carta on proportional coalitions, understand the characteristics of the federation of political parties and understand the constitutional issue involved in Law 14.208/2021. In this sense, the first chapter brought concepts related to the electoral system and proportional coalitions, the second studied in depth the party federation and the third presented elements that allowed the search for the constitutional meaning of prohibition. Theoretical research and the deductive method were used to construct this monograph. In conclusion, there was the understanding that the constitutional purpose of the prohibition to proportional coalitions will only be respected with the total exclusion of the use of votes from the electoral/party system.