Info
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement)
Comments: Law on Elections:
Article 4:
A party may participate in the elections if, at least six months prior to the election, it has registered its statute with the Superior Electoral Court, in accordance with the provisions of the law, and has, by the date of the convention, established a governing body in the jurisdiction, according to its respective statute.
Article 10:
Each party may register candidates for the Chamber of Deputies, the Legislative Chamber, the Legislative Assemblies, and the Municipal Chambers for a total of up to 100% (one hundred percent) of the number of seats to be filled plus 1 (one).
§ 3º From the number of vacancies resulting from the rules provided in this article, each party or coalition shall fill a minimum of 30% (thirty percent) and a maximum of 70% (seventy percent) for candidates of each sex.
Law on Political Parties:
Article 7:
The political party, after acquiring legal personality in accordance with civil law, registers its statute with the Superior Electoral Court.
§ 2º
Only the party that has registered its statute with the Superior Electoral Court may participate in the electoral process, receive resources from the Party Fund, and have free access to radio and television, as established in this law.
Source: Law on Elections, Law No. 9,504, September 30, 1997, Article 4, 10:
https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997
Law on Political Parties, Law No. 9,096, Article 7:
https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-dos-partidos-politicos/lei-dos-partidos-politicos-lei-nb0-9.096-de-19-de-setembro-de-1995
Verified: 2024/10/23
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship c . Country of birth d . Residence f . Registration h . Minimum level of education i . Minimum level of literacy j . Other
Comments: Article 12:
§ 2º The law may not establish distinctions between natural-born Brazilians and naturalized citizens, except in the cases provided for in this Constitution.
§ 3º The following positions are exclusive to natural-born Brazilians:
I – President and Vice President of the Republic;
II – President of the Chamber of Deputies;
III – President of the Federal Senate;
IV – Minister of the Supreme Federal Court;
V – Diplomatic career;
VI – Officer of the Armed Forces;
VII – Minister of State for Defense.
Article 14:
§ 3º The conditions for eligibility, as provided by law, are:
I – Brazilian nationality;
II – full exercise of political rights;
III – electoral registration;
IV – electoral domicile in the district;
V – party affiliation;
VI – minimum age: a) thirty-five years for President and Vice President of the Republic and Senator;
b) thirty years for Governor and Vice Governor of a state and the Federal District;
c) twenty-one years for Federal Deputy, State or District Deputy, Mayor, Vice Mayor, and Justice of the Peace;
d) eighteen years for Councilor.
§ 4º Those who are ineligible include the unregistered and the illiterate.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 12, 14:
https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/23
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
a . Neither in presidential nor legislative elections
Comments: In Brazil, independent candidates cannot run for presidential or legislative elections. They must be affiliated with a political party to be eligible.
Constitution:
Article 14:
§ 3º The conditions for eligibility, as provided by law, are:
V – party affiliation.
Law on Elections:
Art. 9º To run for election, the candidate must have electoral domicile in the respective district for a period of six months and have their party affiliation approved within the same timeframe.
Art. 11. Political parties and coalitions shall request the registration of their candidates with the Electoral Court by 7 PM on August 15 of the election year.
§ 1º The registration request must be accompanied by the following documents:
III – proof of party affiliation.
Electoral Code:
Art. 87. Only candidates registered by political parties may run for elections.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 14 (3-V):
https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Law on Elections, Law No. 9,504, September 30, 1997, Article 9, 11 (1-III):
https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997
Electoral Code - Law No. 4,737, of July 15, 1965, Article 87:
https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/24
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: Law on Political Parties:
Article 38. The Special Fund for Financial Assistance to Political Parties (Party Fund) is composed of:
III – donations from individuals or legal entities, made through bank deposits directly into the Party Fund account.
Article 39. Except as provided in Article 31, political parties may receive donations from individuals and legal entities for the establishment of their funds.
Source: Law on Political Parties, Law No. 9,096, Article 7 (§2), 31, 38, 39:
https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-dos-partidos-politicos/lei-dos-partidos-politicos-lei-nb0-9.096-de-19-de-setembro-de-1995
Constitution of the Federative Republic of Brazil, 1988, Article 17:
https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/24
PC015
Question: What is the basis of the public funding?
Answer(s):
a . Equal funding, regardless of size and previous performance b . Based on result of previous election
Comments: Law on Political Parties:
Article 41. The Superior Electoral Court, within five days from the date of the deposit referred to in § 1 of the previous article, shall make the respective distribution to the national bodies of the parties, following these criteria:
I – one percent of the total of the Party Fund shall be allocated for equal distribution to all parties that have their statutes registered with the Superior Electoral Court;
II – ninety-nine percent of the total of the Party Fund shall be distributed to the parties that have met the conditions of Article 13, in proportion to the votes obtained in the last general election for the Chamber of Deputies.
Article 41-A. From the total of the Party Fund:
I – 5% (five percent) will be allocated for equal distribution to all parties that meet the constitutional requirements for access to Party Fund resources; and
II – 95% (ninety-five percent) will be distributed to the parties in proportion to the votes obtained in the last general election for the Chamber of Deputies.
Sole paragraph. For the purposes of the provisions of item II, any changes in party affiliation will be disregarded in all cases.
Constitution:
Article 17. The creation, merger, incorporation, and extinction of political parties are free, provided that national sovereignty, the democratic regime, pluralism, and fundamental human rights are safeguarded, and subject to the following precepts:
§ 7. Political parties must allocate at least 5% (five percent) of the resources from the Party Fund to the creation and maintenance of programs that promote and disseminate the political participation of women, in accordance with intraparty interests.
§ 8. The amount from the Special Campaign Financing Fund and the portion of the Party Fund allocated for electoral campaigns, as well as the free broadcasting time on radio and television to be distributed by the parties to their respective female candidates, must be at least 30% (thirty percent), proportional to the number of female candidates. The distribution must be carried out according to criteria defined by the respective governing bodies and statutory regulations, considering the autonomy and interests of the party.
§ 9. From the resources derived from the Special Campaign Financing Fund and the Party Fund allocated for electoral campaigns, political parties must, as a requirement, allocate 30% (thirty percent) to candidates who are Black or Brown, in the constituencies that best serve the interests and strategies of the parties.
Source: Law on Political Parties, Law No. 9,096, Article 41, 41-A:
https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-dos-partidos-politicos/lei-dos-partidos-politicos-lei-nb0-9.096-de-19-de-setembro-de-1995
Constitution of the Federative Republic of Brazil, 1988, Article 17:
https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/24
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Article 38. The Special Fund for Financial Assistance to Political Parties (Party Fund) is composed of:
III – donations from individuals or legal entities, made through bank deposits directly into the Party Fund account;
§ 5. In an election year, political parties may allocate or distribute the financial resources received from individuals and legal entities across the various elections, in accordance with the provisions of § 1 of Article 23, Article 24, and § 1 of Article 81 of Law No. 9,504, of September 30, 1997, as well as the criteria defined by their respective governing bodies and statutory regulations.
Article 39. Except as provided in Article 31, political parties may receive donations from individuals and legal entities for the establishment of their funds.
Source: Law on Political Parties, Law No. 9,096, Article 38, 39:
https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-dos-partidos-politicos/lei-dos-partidos-politicos-lei-nb0-9.096-de-19-de-setembro-de-1995
Constitution of the Federative Republic of Brazil, 1988, Article 17:
https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasi
Verified: 2024/10/24
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