Rules for next year’s municipal election were defined 1 year before the 1st round, scheduled for October 6th
Little more than 15.8 million people in Brazil are affiliated with one of the 30 registered political parties at the TSE (Superior Electoral Court). The number represents 10.2% of the Brazilian electorate, today, in the 155.1 million voters eligible to voteaccording to data from October.
Membership in a party association is one of the requirements set out in the Federal Constitution for a candidate to be elected. It is also necessary to have Brazilian nationality, have electoral registration and domicile in the region of candidacy, among other requirements. But do you know what the criteria are for party affiliation and disaffiliation?
The Political Parties Law (Law No. 9,096/1995) establishes that only those who have full political rights can join an acronym. To compete, the candidate must be affiliated with a party group up to six months before the date set for the elections – in 2024, the municipal election will take place on October 6th.
Membership
Political parties may establish, in their statutes, longer term limits for party membership than those provided for by law. But they cannot be changed in the year of the election. Membership is considered approved when these rules are met.
As soon as the membership request is granted internally, the party must enter the member’s data into the Electoral Court’s electronic system, which will automatically be sent to electoral judges for archiving, publication and compliance with party membership deadlines for the purpose of running for elected office.
The list must include the names of all members of the party, as well as the date of affiliation, the number of electoral titles and the respective sections in which they are registered.
The national directors of political parties will also have full access to information on the members of each group, according to the electoral registration database.
Member statistics
It is up to the Electoral Court to make electronically available to the national and state bodies of political parties the information about each party’s affiliates and that are part of the electoral register, such as full name, gender, voter registration number and CPF (Individual Person Registration) number, address, telephone numbers, among others.
In cases where an elected member changes party, the Electoral Court must personally notify the party association and inform it of the member’s departure. From then on, the deadlines for filing any actions begin. When there is more than one affiliation, the most recent one will prevail, and the Electoral Court will determine the cancellation of the others.
Disaffiliation
To leave the party, the member must notify the party’s municipal management and the electoral judge in the area in which they are registered in writing. The relationship is considered terminated two days after the date of delivery of the communication.
Membership is immediately canceled in five different situations: death, loss of political rights, expulsion from the party, other forms provided for in the statute (with mandatory communication to the person affected within 48 hours of the decision) and membership of another party (as long as the person communicate the fact to the judge of the respective electoral zone).
Loss of mandate
The legislation also provides that the holder of an elected position who leaves the party for which he was elected without just cause will lose his mandate. The hypotheses of duly justified disaffiliation are: repeated deviation from the party program; serious personal political discrimination; and the change of party during the period of the so-called “party window”. In other words, party changes that do not fit these reasons may lead to loss of mandate.
Party window
The 2015 Electoral Reform (Law No. 13,165/2015) instituted the call “party window”a period of 30 days that precedes the deadline for membership to run for election, so that parliamentarians can change parties without losing their mandate.
In 2018, the TSE decided that Only elected people who are at the end of their current term of office can benefit from the party window.. This means that councilors can only change parties in the window designated for municipal elections, and federal and state deputies in that window that occurs 6 months before the general elections.
With information from Superior Electoral Court.
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