Fórmula da maior média e quociente eleitoral mínimo: procedimentos que dificultam a consolidação da democracia no Brasil

Abstract

This dissertation is based on the research "Democracy, Citizenship and Fundamental Rights" of the master's program in Fundamental Rights and Guarantees of FDV and aims to verify if the rules on conversion of votes into legislative mandates provided by the art. 109, caput, I and II, and art. 109, § 2, of the Brazilian Electoral Code, which established, respectively, that the formula of "bigger" electoral quotient average and minimum are in line with the democratic regime established in the 1988 Constitution. Therefore, the research employs the deductive method as the method of approach and typological and comparative as procedure methods. The major premise of the dialectical method is the "democracy" considered the cornerstone of the Brazilian constitutional political system, multi-faceted sign, difused and used as a watchword in various contexts. Therefore, the choice of the minimal definition of democracy formulated by Norberto Bobbio, according to whom a democratic regime means, primarily, a set of rules of procedure for the formation of collective decisions, it is planned and facilitated by the greatest amount of the people interested , built on the foundations of democracy proceduralist, theoretical framework of this dissertation, since the formula for the highest average and minimum are the electoral quotient rules of electoral procedures. For construction of the major premise, the the essential elements of the minimum are analyzed (the subjects and procedures) and an assumption raised (democracy as a form of state opposed to autocracy). The minor premises (the highest average formula and electoral minimum quotient ) are inserted in the paternal electoral system, which has its elements analyzed in the second chapter, along with the presentation of the main formulas for converting votes into seats. In the third chapter the research connects the electoral system to the democratic principle to answer the question proposed, based on theories and general laws to the specific. The comparison reveals: that the highest average formula is a formula with autocratic mask which has the largest proportion disproportion when compared with the other proportional formulas used in democratic and it favors the larger parties at the expense of the smaller, the electoral quotient is minimal unequally the States and excludes minority political party in the process of conversion of votes into legislative seats to establish minimum levels, preventing them from participating in the dialectical procedure of parliament-contradictory, and that the resolution 23.389/2013 of TSE, which amended the number of seats per state, using the formula of the highest average in the calculation of the distribution of mandates, favors the most populous states at the expense of less populated. The conclusion is that the formula of the highest average and the minimum electoral quotient are not in line with the Brazilian democratic regime.