Name: LIVIA MAYER TOTOLA BRITTO
Type: MSc dissertation
Publication date: 07/07/2020
Examining board:
Name |
Role |
|---|---|
| AUGUSTO PASSAMANI BUFULIN | Co advisor * |
| TRÍCIA NAVARRO XAVIER CABRAL | Internal Examiner * |
Summary: This dissertation aims to study the valuing of the evidence and the application of the probative standards in the electoral actions that cause the loss of the elective term, taking into account the principle in dubio pro sufraggii. It is suitable for the area of research concentration Process, Constitutionality and Protection of Existential and Property Rights, since it transits between the themes of popular sovereignty - the foundation of the republic - of political rights, and of due constitutional legal process as fundamental right. It started from the problem about what would be the standard of proof applied in these actions, since they do not represent demands of a purely civil character, but carry with them sanctioning effects. In other words, it is asked: what would be the level of requirement for the formation of judicial conviction regarding the occurrence of a certain factual situation capable of revoking an elective term? To this end, it addresses, in a first moment, the theme of the valuing of evidence, analyzing from theories about the truth, to the systems and evidence models, as well as proof as fundamental right. Then, considering rational persuasion as being indispensable to the requirements of due constitutional process, it addresses the theory of probative standards, as well as their applications in national law. Afterwards, it performs an analysis on the valuing of the evidence in the electoral processes that cause the loss of the elective term. In this topic, it addresses the theme of universal suffrage of elective mandates as political rights, as well as the subsidiary application of the 2015 Code of Civil Procedure in electoral law. It also addresses the requirements
currently required for the decree of the loss of the elective mandate among
the electoral actions that have this sanction, and the degree of certainty
that the system currently in force imposes for the decree of that measure. In
conclusion, considering the characteristics of electoral law, more precisely
the principle of in dubio pro sufraggii, which should apply, in actions that
may result in the loss of the elective term, the standard of doubt beyond
reason. Finally, it analyzes judgments made by the Superior Electoral Court
in relation to the topic now discussed, in order to identify the current
jurisprudential trends on the application of the evidential standards in the
processes that result in the loss of the elective term.
