A inconstitucionalidade do sistema eleitoral proporcional de votação frente ao paradigma do estado democrático

Abstract

It is not uncommon for the people to be shocked after the election results are announced because their federal or state deputy or city council member, even though they are one of the most voted, is unable to secure a seat in the House of Representatives or Assemblies. News reports collect information on election results from all over Brazil and it is clear that the shock at the allocation of seats for deputies and city council members was completely different from what the people intended when they voted. It is important to remember that the vast majority of voters are unaware of the formula used by the proportional system, which applies the electoral quotient and party quotient. What frustrates the voters is the fact that their candidate, despite being one of the most voted, was not elected. It is also incomprehensible and unfair to realize that another candidate, with a much lower number of votes, will occupy a seat in the place of their chosen candidate and, consequently, will be their representative in the political leadership of the State. All of this causes, in addition to the feeling of injustice, the people’s growing distrust of the political class. It makes it clear that citizens are not represented and that not even their vote can change anything. Therefore, considering the episodes of injustice that leave the people perplexed, as well as the fact that they understand that their representation must be based on the will expressed in their vote, since this guarantee is provided for in the Federal Constitution of 1988, it is understood that we must fight for the recognition of the unconstitutionality of the proportional system in force in Brazil, in order to be in line with the Democratic Rule of Law.