A aplicação dos princípios da eficiência e da efetividade ao processo eleitoral, sob os enfoques do direito e da ciência política

Abstract

Those who study the Science of Law necessarily encounter political science and those who approach this discipline inevitably encounter law. The most visible and immediate perception interface between Political Science and Law, however, will undoubtedly be Constitutional Law. Applying the concepts of legal effectiveness and effectiveness to electoral processes in Brazil, Spain and Portugal, defined in the respective Constitutions, it is understood that between Power and Law there is a mutual implication, which tends to maintain the permanence of the social structure and public institutions. This fact ensures that the limitations to Power and the protection of the rules of social coexistence prescribed by the State bring stability to social life. It is also perceived that the form-content interaction results in discrepancies between what could be called the will or purpose of the law, on the one hand, and the behaviors of public authorities and citizens, on the other. What has been noted, however, is that the continuity of the rules that make up the legal-electoral system does not provide an authentic change in the way different regimes are set up and how they work for good public governance.