Banca de DEFESA: MARIA CELINA MONTEIRO GORDILHO

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : MARIA CELINA MONTEIRO GORDILHO
DATE: 31/05/2024
TIME: 14:30
LOCAL: https://us02web.zoom.us/j/85455373067
TITLE:

The role of elections in the transformations of the military regime (1974-1978)

KEY WORDS:

Law history; elections; electoral law; constitutional history.

 

PAGES: 213
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The 1974 Brazilian elections during the military dictatorship marked a significant political and social shift, impacting the legal structures and the basis of authoritarian legality during Ernesto Geisel's government. Elections played a crucial role in legitimizing the military regime, despite casuistic laws aimed at controlling the outcomes. The Electoral Justice played a key role in this process, being called upon to resolve disputes between candidates and address legal issues related to registration challenges and conflicts between constitutional norms and institutional acts.

 This research proposes to investigate, from the perspective of constitutional history, how the military regime utilized electoral law institutes to maintain its power. The study will focus on analyzing a case of candidacy registration challenge for the Federal Senate. The Lei Falcão and the Pacote de Abril were legislative responses to the surprising victory of the MDB in 1974, aiming to control the elections in an authoritarian manner but within the existing legal framework.

We conclude that bringing political opponents to court could have unforeseeable legal effects for the military regime, and the legal debates generated by the processes could escape the control of the authorities, as the theses proposed by the parties were not always followed by the electoral courts.

 

 

COMMITTEE MEMBERS:
Interna - 1716148 - CLAUDIA ROSANE ROESLER
Presidente - 2300296 - CRISTIANO OTAVIO PAIXAO ARAUJO PINTO
Interno - 1151990 - MAMEDE SAID MAIA FILHO
Externo à Instituição - RAFAEL LAMERA GIESTA CABRAL - UFERSA
Externo à Instituição - RAPHAEL PEIXOTO DE PAULA MARQUES - UFERSA