A tutela jurídica das proposições eleitorais no polo do poder executivo

Abstract

The research analyzes the electoral proposals formulated during the campaign and the absence of legal instruments capable of conferring any degree of effectiveness to the fulfillment of the propositions. This research is based on the verification of the existence of a democratic crisis and a global political representation crisis that demand instruments that bring citizens closer to politics. The different types of electoral proposals in Brazil and in alien systems are analyzed. It is suggested the creation of two instruments to control electoral proposals as a way to combat electoral demagogy and to promote the valorization of elections. In administrative area, it is suggested the control through an institution created exclusively for such purpose, reflecting the State's duty to protect the truthfulness of information related to the effectiveness of the administration. At the judicial level, it is suggested to contract some proposals made by candidates with the potential to, under limited circumstances, allow collective judicial protection of electoral proposals, authorizing the Judiciary to grant specific protection corresponding to the object of the proposal. These instruments can provide greater transparency and coercibility in the comparison between the formulated electoral proposals and their effective implementation, as well as insert greater degree of responsibility in the citizen choice.