O financiamento empresarial de campanhas eleitorais face à inefetividade de sua proibição enquanto medida contra o abuso do poder econômico nas eleições: a perspectiva da participação das pessoas jurídicas no processo eleitoral, em face da liberdade de expressão

Abstract

This project is established in the Electoral Law field, more specifically in the financing electoral campaigns field. Its object is the business financing of campaigns, and aims to formulate a proposal that makes it possible again for these players to participate in the electoral process, through the design of a structured system based on the tools provided by the Economic Analysis of Law, in which into account rational choices based on a structure of incentives and constraints designed to be applied to the electoral regime, so that the recognized search for utility maximization (self-interest) of these agents is used in favor of a healthy electoral process. The investigative activity to be developed will be based on the pure empirical zetetic (socio-legal) method and line of scientific-legal research (that is, with an emphasis on social phenomena and human behavior), which, in order to extrapolate the most common bias of identifying the content and scope of norms (hermeneutics), it will make use of the legal and economic orientation of the AED, in order to scrutinize the causes and consequences of legal rules and their organizations, in an effort to identify how economic agents (parties, candidates, companies, citizens) behave and to foresee how this posture will be changed from the change in its incentive structure.