THE NON-SEIZABILITY OF PARTY AND ELECTORAL FUNDS: interpretation of art. 833, XI, of the CPC
Name: CAMILA BATISTA MOREIRA RAMOS
Publication date: 06/09/2023
Examining board:
Name |
Role |
|---|---|
| THIAGO FERREIRA SIQUEIRA | Advisor |
Summary: The proposed theme of the work aims to discuss the patrimonial responsibility ofpolitical parties in order to analyze the application, scope, relativization or flexibility ofthe non-seizability described in art. 833, item XI, of the Code of Civil Procedure (non-seizability of the party fund), especially after the creation of the electoral fund, whichtransformed mixed campaign financing in Brazil into predominantly public funding. Theresearch seeks to answer the following questions: which values of the Parties can bethe object of expropriation by creditors and interested parties who aim to receive debts?If the Parties do not have private funds, is it possible to make the party fund non-seizability more flexible? In which contexts? Should the special fund also be declaredunseizable like the party fund? Through the deductive method of investigation, we seekto understand the peculiarities of the patrimonial responsibility of political parties. As adelimitation of the proposed theme, the main core of the research is the objectivedimension of patrimonial responsibility, that is, it is limited to the analysis of whichvalues can be expropriated. Therefore, the theme is approached in an evolutionaryway and the dissertation was divided into three chapters. The first, in an introductoryway, aims to address general concepts of electoral law, such as political parties,candidates, federations, coalitions, together with political financing in Brazil. Thesecond chapter aims to study the general part of patrimonial responsibility and theregime of non-seizability. The third chapter deals specifically with the current contextof party debts and the executions in which the parties are submitted, both in the scopeof the Common Justice and in the scope of the Specialized Electoral Justice,specifically analyzing the non-seizability of party funds and electoral fund, in order tofacilitate the receipt of amounts from political parties by creditors. Therefore, the areaof concentration Process, Techniques and Protection of Existential and PatrimonialRights of the Graduate Program in Procedural Law of the Federal University of EspíritoSanto.
Keywords: Civil procedure. Heritage liability. Non-seizability. Political parties. PartyFund. Electoral Fund.
