Lightning democracy : prevention and suppression of abuse of economic power

Authors

  • Fabiana Plican Ciena State University of Londrina

DOI:

https://doi.org/10.5433/1980-511X.2006v1n3p217

Keywords:

Democracy, Fundamental rights, Right to choose, Impeachment Action Elective Mandate, Electoral Judicial Investigation, Vote buying, Economic Abuse of Power .

Abstract

Political rights are not limited to the choice of representative. Essential to guarantee the political consciousness of law aimed at improving the organization dasociedade. Guaranteeing the right to choose the citizen, oligarquizada policy, aimed at a loss of major decisions of the institutions of popular representation, will be turning day-to-day for optimal participatory dedemocracia. To this comes the need for an internal transformation of civil society. There is constant abuse of economic power and electoral corruption noprocesso with sordid granting basic food, medicine and promessasde employment to needy people of any state action, plays the sort of election economic power. Unnecessary the mandate of challenging action elective nashipóteses of Article 41a of Law No. 9,405 / 97, simply electoral judicial investigation to suppress affront to the right of choice of the citizen, garantiaconstitucional the set of fundamental rights. Annulling immediately oregistro or diploma, if already issued, the 41a Article of Law 9,504 / 94 punishes such acts, considering the individuality of the voter in their right to free choice, comevidente differential treatment of cases of abuse of power that damage aeleição as a whole and imply ineligibility. No mere potentiality, but, effectively breaking the smoothness of the electoral process, when health, education, housing and employment are not guaranteed prior to electoral disputes. Nestedesequilíbrio state, urges the action of the judiciary by forcing public depolíticas implementation for effective right of choice of the citizen. Although renowned jurists defend greater citizen participation in the electoral process, the Electoral Court restricts the grounded News inelegibilidade.Ciente that power is concentrated more in the hands of those who deveriamlegislar and allocate funds to combat poverty, each magistrate in suajurisdição, should exercise its function to show justice, always with sensibilidade.O claimants people cry out for justice. The right to vote is just one of the huge sun raiosdeste that aims: democracy.

Author Biography

Fabiana Plican Ciena, State University of Londrina

Specialist in Public Law - Constitutional Law at the State University of Londrina.

Published

2006-12-15

How to Cite

Ciena, F. P. (2006). Lightning democracy : prevention and suppression of abuse of economic power. Revista Do Direito Público, 1(3), 217–230. https://doi.org/10.5433/1980-511X.2006v1n3p217

Issue

Section

Artigos