Who will Win the Parliamentary Mandate? Reflections for the 2020 Elections

Abstract

This study analyzes a possible ju-risprudential tendency to change rules on parliamentary mandate’s ownership in Brazil, notably after the prohibition of coalitions in proportional elections from 2020 onwards, which may lead to profound changes in the electoral process. This qualitative research focuses on the jurisprudential analysis of the national superior courts over the last 13 years on the parliamentary mandate’s ownership. In addition, a bibliographic review was conduc-ted to support the discussion. At first, there was a decentralization of ownership (from the parliamentarian to the political party and then to coalitions). Recently, an opposite mo-vement was observed, in response to a ban on coalitions from 2020 onwards, and the possibility, under discussion, of indepen-dent candidacy (and consequently, the full control of the candidate over the mandate). It remains to be seen whether the decision will fall on the National Congress (through the analysis of proposed amendments to the Constitution) or the Judiciary (based on the judgment of a specific case), and how the Fe-deral Constitution will be interpreted: by its eloquent silence or express will.