The unconstitutionality of non-membership party during the term of office related to elective executive public office in Brazil

Abstract

This Article aims to demonstrate that, through a specific interpretation of Article 14, § 3, item V, together with other rules present in the Brazilian Constitution of 1988, it is possible to defend the unconstitutionality of non-membership of a political party during the term of office related to elective executive public office. Based on a concrete example, the Article is developed with examinations of constitutional representative and participatory democracy, which serve as support for the conclusions linked to the sustained unconstitutionality. Methods such as deductive and, at times, inductive, guide this research, which ends up confirming the initial hypothesis that an elected candidate, with exceptions exposed in the Constitution and infra-constitutional laws, cannot govern without respecting the indispensability of membership party, anchored in political pluralism as the canon of a modern and contemporary constitutional democracy.