O TSE e a polêmica da exigência da aprovação das contas de campanha eleitoral anterior para ser candidato no pleito de 2012.

Abstract

The discussion that motivates this work is closely linked to the normative power of the Brazilian Electoral Court and the tensions arising from the relationship between the Legislative and Judiciary. This work proposes to develop a analysis of TSE sessions in 2012 in which the Court first decided to include in the resolution which regulates the rules for municipal elections that year the requirement of approval of the previous election campaign accounts as a condition for releasing the Electoral Acquittance Certificate and, in a second stage, backtracked on previous understanding, to judge the Request for Reconsideration brought by 13 political parties, in order to pass the require again only the presentation of accounts for the release of the certificate, the standard which was contained in the law in force. The analysis sought to highlight the elements that led the Electoral Court to decide the requirement and then change your mind. For this, through a content analysis elucidates the political aspects and strategic analysis involving such resolutions, as well as pointed out the influence of external actors and institutional aspects related to the TSE, demonstrating that more than legal and juridical issues, these factors directly interfered in the decision and therefore in the definition of the electoral rule.