Consensual Approaches in Electoral Law: The Use of Negotiated Instruments in Electoral Proceedings.
Consensuality; Access to Justice; Non-Prosecution Agreement (ANPP); Non-Prosecution Civil Agreement (ANPC); Electoral Law.
The present dissertation aims to diagnose the evolution of consensuality within the Brazilian legal system, culminating in the examination of its applicability in electoral law. The study adopts a dogmatic-legal and legal-comprehensive methodological approach, undertaking a systematic reading of the phenomenon beyond electoral law. To this end, the research begins with an investigation into the evolution of the concept of access to justice, from a formal and overarching guarantee to a space for negotiation and dialogue aimed at conflict resolution. The study then addresses the internalization of consensuality in criminal law, with an emphasis on legal instruments such as the Non-Prosecution Agreement (ANPP). Likewise, in the realm of administrative law, the research maps the historical evolution of agreements within the public sphere, highlighting the Non-Prosecution Civil Agreement (ANPC). Subsequently, the study focuses on electoral law, examining the initial resistance to the adoption of consensual mechanisms, as well as the normative obstacles that have hindered their implementation. The dissertation investigates the feasibility of adopting consensual instruments in electoral law, exploring the plausibility of a unique agreement model within this specific legal domain. In this regard, it is appropriate to suggest normative and procedural guidelines that may guide the establishment of a consensual arrangement compatible with the particularities of the electoral process, safeguarding the integrity of the democratic system and the effectiveness of electoral jurisdiction.