Banca de DEFESA: Raphael Carvalho da Silva

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Raphael Carvalho da Silva
DATE: 18/12/2025
TIME: 11:00
LOCAL: https://meet.google.com/dqw-awrx-cxj
TITLE:

The legal responsibility of political parties under Brazilian law.

KEY WORDS:

Political parties; party freedom; criminal liability; proportionality

PAGES: 430
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This research seeks to promote a specific discussion on the constitutionality of attributing criminal liability to political parties for acts of public corruption in the Brazilian legal system. Considering that the introduction of criminal sanctions negatively affects the ambit of protection of the fundamental rights of political parties, this research examines the constitutional legitimacy of such restrictions based on the theoretical framework of fundamental rights and their restrictions, by applying the principle of proportionality as a method to justify interventions in the fundamental right to party freedom and to solve their collisions with the constitutional principle of administrative morality. To this end, it examines in detail the historical process of constitutionalization of political parties in Brazil, the roles played by parties in the model of representative democracy established in the Brazilian Constitution of 1988, the normative content and the possibilities of restriction of the fundamental right to party freedom and, from there, it discusses the main legal-constitutional challenges for the introduction of a system of criminal liability of political parties in the Brazilian legal system. Based on the principle of proportionality, we conclude that the application of criminal sanctions to political parties is an adequate measure to promote administrative morality, since there is a minimal causal relationship between the application of criminal sanctions to political parties and the promotion of the constitutional principle of administrative morality. However, when assessing whether the requirement of necessity is met, we identified the existence of alternative measures equally effective to promote the principle of administrative morality and less harmful to the fundamental right to party freedom, so we consider that the measure of holding political parties criminally liable is unnecessary, therefore, it constitutes a constitutionally illegitimate restriction to the fundamental right to party freedom. Furthermore, from the point of view of proportionality in the strict sense, we conclude that the fundamental right to party freedom has priority in the relationship of prevalence with the constitutional principle of administrative morality, which also undermines the constitutional legitimacy of the restrictions imposed by the criminal liability of political parties for acts of public corruption.

COMMITTEE MEMBERS:
Externo à Instituição - RAFAEL BUSTOS GISBERT - UCM-ESP
Externa à Instituição - MARIA GARROTE DE MARCOS - UCM-ESP
Interna - 1150035 - FERNANDA DE CARVALHO LAGE
Externo à Instituição - GILMAR FERREIRA MENDES - IDP
Presidente - 2149902 - TARCISIO VIEIRA DE CARVALHO NETO