Social Christian Party, Democratic Labor Party, Christian Labor Party v. President of the Republic and National Congress

Direct Action of Unconstitutionality no. 3741-2 (2006)

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Social Christian Party, Democratic Labor Party, Christian Labor Party v. President of the Republic and National Congress

Brazil Supreme Federal Court
Direct Action of Unconstitutionality no. 3741-2 (2006)

Facts

In May 2006, the National Congress and president of Brazil signed and enacted Law Number 11.300/2006, which established new rules for political advertisement, funding, and accountability for election campaign expenditures. The government enacted this law during a series of corruption scandals involving the president and the president’s political party. The Social Christian Party, Democratic Labor Party, and Christian Labor Party (the political parties) (plaintiffs) filed direct actions of unconstitutionality, arguing that Law Number 11.300/2006 violated the constitutional principle of anteriority in election law guaranteed under Article 16 of the Constitution of Brazil. The political parties argued that Law Number 11.300/2006 violated Article 16 by enacting a law that altered electoral procedures within one year of enactment and that Brazil was set to have national elections in October 2006, five months after the law’s enactment. The Supreme Federal Court also considered the constitutionality of Article 35-A of Law Number 11.300/2006, which prohibited the publication of electoral polls 15 days before the election date through any means of communications.

Rule of Law

Issue

Holding and Reasoning (Lewandowski, J.)

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