ELECTORAL LAW - the guardian of democracy
Law rewards a certain attitude, a certain way of referring to institutions in ideal terms, in the case of an existence of common sense. However, Electoral Law plays a decisive role in the Republic, where its rules direct access to more accentuated power within a social group, through political power. The Constitution appears through a constituent act, the result of a will to produce an effective decision in relation to the manner and form of political existence of a State. However, democracy, a regime of popular will, distinguishes human rights, which can be summarized in the right to difference. As a result, the Electoral Jurisdiction, exercised by various bodies of the Judiciary, was designated to play the role of ascertaining the decision of civil society. This is its essential mission, a condition sine quan non of democracy.
ELECTORAL LAW - the guardian of democracy
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DOI: 10.22533/at.ed.2162232207111
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Palavras-chave: Right. Constitution. Democracy.
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Keywords: Right. Constitution. Democracy.
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Abstract:
Law rewards a certain attitude, a certain way of referring to institutions in ideal terms, in the case of an existence of common sense. However, Electoral Law plays a decisive role in the Republic, where its rules direct access to more accentuated power within a social group, through political power. The Constitution appears through a constituent act, the result of a will to produce an effective decision in relation to the manner and form of political existence of a State. However, democracy, a regime of popular will, distinguishes human rights, which can be summarized in the right to difference. As a result, the Electoral Jurisdiction, exercised by various bodies of the Judiciary, was designated to play the role of ascertaining the decision of civil society. This is its essential mission, a condition sine quan non of democracy.
- Adelcio Machado dos Santos
