Estudo sobre a fidelidade partidária e a justa causa "amigável": uma análise doutrinária e jurisprudencial sobre o caso

Abstract

The main theme of this work is the study of the principle of party loyalty and, specifically, on the new case of just cause for the conservation of political mandate after party disaffiliation, commonly called “friendly”. It seeks to question, under the lens of the constitutional principles of sovereignty of the popular will and freedom to exercise the mandate, whether the just cause “friendly” jeopardizes the exercise of political representation. The present search was carried out from the deductive method with the use of bibliographic research techniques, using the constitutional-electoral doctrine, and documentary, using Brazilian legislation and jurisprudence. It is concluded that the letters of consent between parties and representatives proved to be insufficient to protect the will of the voter. The application of "friendly" just cause, in addition to restricting the scope of the will of the parliamentary representative, also ends up excluding the judiciary's interpretive activity for the obscure terms arising from the peculiarities of concrete cases, leaving aside the responsibility towards the citizen.