Source:
Conheça as etapas para criação e registro de partido político
Translated by Google Translate from Brazilian Portuguese to English
Currently, Brazil has 79 political parties in the formation process and 33 capable of launching candidates to contest the 2022 Elections. However, for future parties to obtain the registration of their statutes at the Superior Electoral Court (TSE) and be able to effectively function as associations partisans, they must comply with a series of requirements listed in TSE Resolution No. 23,571/2018 and in Law No. 9,096/1995, known as the Political Parties Law.
The rules regulate the creation, organization, merger, incorporation and extinction of party groups. To compete in the next elections, parties must be duly registered with the Electoral Court six months in advance.
Check out the steps:
Foundation and preparation of the program and statute
The starting point for creating a party is the elaboration of the program and statute of the association by the founders, who must be at least 101 voters in full exercise of political rights and with electoral domicile in at least one third of the Brazilian states.
The program basically describes the ideological line and political objectives that will guide the party's actions, while the statute regulates the internal rules relating to operation, administration and assets. The documents cannot coincide with any previously registered document, nor contradict the democratic regime, based on respect for national sovereignty, multi-party system and fundamental human rights.
The political party is a legal personality governed by private law. Therefore, it needs to be registered at a Notary's Office and obtain a registration number in the National Register of Legal Entities (CNPJ) so that it can exist in fact and in law, and thus function regularly.
Therefore, the second stage consists of registering the association at the Civil Registry Office of Brasília to grant legal personality to the acronym being created.
The registration application must be signed by the founders, who must have full political rights and have electoral domicile in at least nine of the States of the Federation. The founders of the party elect, as provided for in the statute, the provisional national leaders, who are responsible for carrying out the necessary steps before the Registry Office and also at the Superior Electoral Court and Regional Electoral Courts (TREs).
After obtaining registration at the registry office, the party in formation has a period of up to 100 days to inform the TSE of its creation. This practice consists of the so-called “creation notice”, which must be accompanied by the following documents: Certificate from the Civil Registry of Legal Entities, registration number in the National Register of Legal Entities (CNPJ), copy of the founding minutes and the list of founders , in addition to the statute and program approved at the time of foundation, as well as the address, telephone and fax number of the headquarters and provisional national leaders.
After that, the Judiciary Secretariat of the Court will provide the national president of the association with the password to access the Support System for Parties in Formation (SAPF). This system, which is mandatory, is used to manage the minimum voter support.
Proof of minimum support
After acquiring legal personality, the party must register its statute with the TSE. However, registration of a party is only permitted if it proves, within a period of two years, the support of voters not affiliated with another party, corresponding to at least 0.5% of the votes cast in the last general election for the Chamber of Deputies, distributed across a third or more of the states, with a minimum of 0.1% of the electorate voting in each of them.
Currently, based on the total votes cast in the 2018 Elections for the Chamber of Deputies, the parties in formation must collect a total of 491,967 signatures in at least nine units of the Federation.
Just over a year ago, the TSE decided that it is possible to use a legally valid electronic signature on forms or lists issued by the Electoral Court to support the creation of a political party, as long as there is prior regulation by the Court and the development of a technological tool to measure the authenticity of the signatures.
Registration with TREs and TSE
The last stage consists of the Political Party Registration (RPP) process, which involves the registration of party bodies in the Regional Electoral Courts in the states and the registration of the statute and the national management body in the Superior Electoral Court, in Brasília.
Once the state and, if any, municipal management bodies have been definitively constituted and designated, the national president or the state president of the party, whichever is the case, must request registration with each of the respective TREs. This must be done in at least nine states.
After registration in the states, the national president of the party must then request the registration of the statute and the national management body with the TSE. Since December 2016, all requests for political party registration must be made via the Electronic Judicial Process (PJe).
Only after registering the statute with the TSE will the party be able to participate in the electoral process, receive resources from the Party Fund and have free access to radio and television time.
Analysis of registration requests with TREs and TSE
The registration request is randomly distributed to a rapporteur within 48 hours, with immediate public notice through a notice in the Electronic Justice Gazette, so that, within five days, challenges to the request can be made. If there is an objection, the rapporteur will open a seven-day period for the party to defend itself.
After the defense and evidence production phase, the rapporteur will hear the Electoral Public Prosecutor's Office within 10 days and, if there are no pending procedural steps, the case will be presented to the panel for judgment in the Plenary within 30 days. In the session, interested parties and the regional Electoral attorney, within the scope of the TREs, as well as the Electoral attorney general, within the scope of the TSE, may give oral arguments for up to 20 minutes.
