PERDA DO MANDATO POR INFIDELIDADE PARTIDÁRIA: REFLEXOS JURÍDICOS DA APROVAÇÃO DA PEC 113/2015 DO SENADO FEDERAL

Abstract

 This article aims to examine the legal consequences of the adoption of the Proposed Amendment to the Constitution n. 113 / 2015 of the Senate, to reform the political and electoral institutions in the country, regarding the Institute of party loyalty in a crisis scenario socio-political and economic. It started with the assumption that such approval, allowing for constitutional status to matter and reiterating, as regards material, the content of the TSE Resolution n. 22.610 / 2007, which regulates the position of the loss process in these conditions and had partial unconstitutionality handed down in the trial of ADI n. 5081/2015, to make it inapplicable to the positions of the majority electoral system, it could again legalize it, given that decisions on the constitutionality of concentrated control does not require the legislature in its typical function, and become automatic loss position without the need for judiciary intervention. To achieve the proposed objective, bibliographic and documentary research carried out, having as sources productions legislative, judicial and journalistic, depending on the theme today It was concluded that the final wording of the amendment , differently from its initial proposal , it possesses immediate applicability by being it defining a fundamental right and presents itself as a constitutional norm contained effectiveness and may be restricted in scope by regulatory standard , currently represented by Resolution TSE 22,610 and, by constitutionalise articles 1 and §1, let established the inapplicability to elected by the majority system and the need for judicial process under the aegis of due process for job loss decree , a situation that can be changed by the action of the ordinary legislator. It also provides for a period of rule of inapplicability transition, weakening the party autonomy.