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O registro de candidaturas é uma das importantes fases das eleições, pois é nesse momento que os partidos e as coligações solicitam à Justiça Eleitoral o registro das pessoas que concorrerão aos cargos eletivos. Para se ter consciência da importância, basta dizer que a finalidade das eleições está direcionada aos candidatos, pois os eleitores vão às urnas para escolher quais desses estarão aptos a exercer os mandatos eletivos. Entre os assuntos relevantes sobre a matéria, estão a quantidade de candidatos que podem ser registrados por cada partido, a possibilidade de os partidos indicarem pessoas para as vagas remanescentes não preenchidas dentro do prazo, a maneira de se proceder diante da necessidade de substituições de candidatos e o percentual mínimo de vagas reservadas para cada sexo.

Primeiramente, é necessário esclarecer que os partidos e as coligações poderão registrar várias pessoas, concorrendo a vários cargos, mas que cada uma delas poderá concorrer apenas a um cargo. Em consequência disso, cada partido pode ter muitos candidatos, mas cada candidato só poderá disputar um cargo.

Como em todas as fases do processo eleitoral, o registro de candidaturas também está sujeito a prazos, portanto, tem período certo para iniciar e para terminar. O prazo começa a partir do dia em que o partido realiza a convenção partidária, lembrando que elas devem ocorrer entre os dias 10 e 30 de junho do ano eleitoral. Nesse contexto, é possível que algum partido faça a convenção logo no início do prazo e que, imediatamente, solicite o registro dos candidatos escolhidos. Ao contrário do prazo de início, a data de término é fixa e ocorre sempre no dia 5 de julho do ano da eleição. Nesse dia, a Justiça Eleitoral encerra o recebimento dos pedidos de registro de candidatura apresentados por partidos políticos.

Consequentemente, o candidato – escolhido em convenção partidária – tem o direito de ter seu nome indicado no momento do pedido de registro de candidatura, que deve ser feito pelos partidos políticos e pelas coligações partidárias dentro do prazo estipulado em lei. Entretanto, caso o partido, injustificadamente, deixe de fazer esse pedido dentro do prazo, o candidato poderá fazê-lo. Essa é uma medida que visa resguardar o futuro candidato de eventuais falhas ou arbitrariedades cometidas por partidos que não queiram indicar as pessoas legitimamente escolhidas em convenção partidária. Não obstante o direito do futuro candidato, ele terá um prazo bastante curto para promover o pedido em função da rapidez com que ocorre todo o processo eleitoral. O prazo é de, no máximo, 48 horas a partir da publicação pela Justiça Eleitoral da lista dos candidatos apresentados pelos partidos ou coligações.

A legislação eleitoral dispõe apenas sobre questões básicas que interferem diretamente na organização das eleições, como, por exemplo, limites e prazos. O restante da regulamentação sobre escolha e substituição de candidatos deve estar no estatuto do partido político, pois são normas internas que fazem parte da autonomia partidária.

A legislação também define quais documentos são de apresentação obrigatória no momento do pedido de registro de candidatura, a saber: cópia da ata da convenção partidária, autorização do filiado ao partido para incluir seu nome como candidato, prova de filiação partidária, declaração de bens, cópia do título eleitoral, certidão de quitação eleitoral, certidões criminais da Justiça (Eleitoral, Federal e Estadual), fotografia do candidato e, para candidatos aos cargos do Poder Executivo, propostas defendidas.

A quantidade de candidatos que poderão ser registrados aos cargos do Poder Legislativo é estipulada com base no número de lugares a serem preenchidos para cada cargo. A regra geral é que os partidos políticos possam registrar até 150% do número de vagas abertas. Então, caso haja uma eleição em que tenham sido abertas 30 vagas, cada partido poderá registrar até 45 candidatos (30 x 150% = 45) para aquele cargo. Mas pode ocorrer, também, de o partido decidir disputar a eleição coligado a outro partido. Nesse caso, independentemente do número de partidos coligados, o percentual será de até 200% sobre o número de vagas abertas, o dobro.

Vale lembrar que o ato de registrar candidatos é um direito dos partidos, não uma obrigação. Em função disso, eles podem deixar de registrar o número máximo para concorrer com menos candidatos. Pode acontecer, também, de não existirem pessoas interessadas ou de algum candidato registrado falecer. Enfim, por diferentes motivos, é possível que algum partido não complete sua legenda. A partir daí, pode surgir o interesse de indicar alguém para as vagas não preenchidas ou de substituir pessoas anteriormente indicadas.

Em relação às vagas não preenchidas, a Lei das Eleições (Lei nº 9.504/97) criou regra bastante simples, na medida em que possibilitou aos partidos indicarem pessoas para as vagas remanescentes até 60 dias antes das eleições.

Contudo, não se verifica essa simplicidade quando o assunto é substituição de candidatos indicados dentro do prazo. Preliminarmente, há apenas cinco hipóteses que a autorizam: quando o candidato for considerado inelegível, renunciar, falecer ou tiver o registro de candidatura indeferido ou cancelado. Nessas situações, será permitido substituir o  candidato anteriormente indicado, desde que respeitados os limites temporais, que são dois. Os partidos devem indicar o substituto no prazo máximo de dez dias contados do fato ou da decisão judicial que motivou a necessidade da substituição.

Como também, no caso específico das eleições proporcionais, os partidos, além de respeitar o prazo acima, somente poderão indicar substitutos até 60 dias antes das eleições. Logo, o primeiro prazo é aplicável a todos os cargos em disputa; o segundo, apenas aos cargos disputados em eleições proporcionais.

No momento do pedido de registro de candidatura, os partidos devem respeitar a cláusula de reserva de gênero, que os obriga a reservar vagas para cada sexo. De acordo com essa cláusula, não é possível registrar apenas homens ou apenas mulheres. Será necessário garantir vagas para cada sexo dentro dos percentuais de, no mínimo, 30% e de, no máximo, de 70%. Supondo que um partido pudesse registrar 100 candidatos, ele deveria apresentar, no mínimo, 30 pessoas de um dos sexos e, no máximo, 70 pessoas do outro. Isso é feito para assegurar tanto a participação feminina quanto a participação
masculina na política. Vale esclarecer que esse percentual leva em consideração o número de candidatos efetivamente registrados, e não o número máximo de candidatos que o partido poderia ter registrado. No exemplo acima, é possível que o partido decida registrar apenas 50 candidatos (mesmo podendo registrar 100). Nesse caso, ele não poderá alegar que, de acordo com o número máximo de candidatos, há 70 vagas para homens e 30 vagas para mulheres e que, em função disso, decidiu preencher apenas as vagas para homens. O correto é retirar os percentuais do número de candidatos efetivamente registrados. Logo, serão 30% e 70% aplicados sobre 50 e não sobre 100.

Fazendo um apanhado dos pontos mais relevantes sobre o registro de candidaturas, foram essas as considerações. O conteúdo pode ser encontrado nos artigos 10 a 16-A da Lei nº 9.504/97 e nos artigos 87 a 102 do Código Eleitoral.

Fonte: tse.jus.br/

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