Perspectives for a Inter-American Transconstitutionalism of Human Rights

the Possibility of the Independent Candidacy

Abstract

The qualitative and quantitative expansion of international law allowed it to reach spaces and regulate situations that, until then, were part of the set of attributions of States with an exclusive attribute, as is the case of the requirement of party affiliation as a condition of eligibility, requirement on the Brazilian Federal Constitution that does not have a corresponding provision in the American Convention on Human Rights. In the scope of studying these relationships without giving primacy to one or another order, transconstitutionalism appears, among others, as a theory that aims to provide answers to this necessary harmonization between systems. Thus, it is intended to investigate the possibility of making the requirement of party affiliation under Brazilian law compatible with the American Convention in accordande with the transconstitucionalism. In order to achieve this goal, it is intended to study the transconstitutionalism’s proposal for the coupling between state law and international law, to analyze the question of the right to be voted in the inter-American human rights system, normatively and jurisprudentially, and, finally, the party affiliation in the Brazilian electoral system. To this end, the theoretical bases of its author, Marcelo Neves, were used, as well as the jurisprudence of the Inter-American Court and the Supreme Federal Court regarding the institute of indepedent candidacy, as well as the doctrine that comments on these topics.