At the time, retired Minister Luis Roberto Barroso was the rapporteur of the case and he based his refusal on the Federal Constitution.
the Supreme Federal Court (STF) Unanimously decided to ban the possibility of submitting separate nominations in the Brazilian electoral system. The decision was made last Tuesday, the 25th of this month. For STF, the hurdle depends on Federal Constitutionwhich specifies party affiliation as a condition for electoral disputes.
This issue was reported by the retired minister Luis Roberto Barroso It involved two citizens who tried to run, without party affiliation, for the position of mayor and vice mayor of the city of Rio de Janeiro in the 2016 elections.
After their application was rejected at all levels of the Electoral Tribunal, they appealed to the Supreme Court, alleging, among other things, a violation of the constitutional principles of citizenship, human dignity and political pluralism. They also asserted that the Charter of Saint Joseph of Costa Rica, to which Brazil is a signatory, would prevent such a restriction.
In the vote, the Minister in charge of the report highlighted that although separate nominations exist in many democracies and could expand voters’ choices, “the 1988 Constitution stipulates that party affiliation is a mandatory requirement for people to be able to stand in elections.”
Moreover, Barroso emphasized that party jurisprudence considers the linking of candidates to political parties a fundamental requirement for the organization and integrity of the Brazilian representative system.
The Minister also highlighted that the National Congress reiterated this demand, as it approved several electoral laws that strengthen the central role of parties in the Brazilian political system, with the aim of reducing fragmentation and ensuring the stability of democracy.
In conclusion, Barroso stressed that there is no scenario of unconstitutional omission that justifies the exceptional intervention of the judiciary. He stressed that questioning the mandatory association of political parties is legitimate, but any change depends on Congress, not on the STF.