Teoria constitucional do partido político: os partidos entre o direito e a política

Abstract

This study has the purpose of exposing a theory of the political party as focused by the Constitution. Starting from the origin of democracy, its development and, after specifying its fundamental outlines, the first chapter ends giving an idea of the political representation and of the party s mandate. Thereafter this context comes an analysis of the political party. Historical precedents and the constitutional development process are submitted; a difference between parties and factions is established, besides identifying theoretical contributions around the subject and the elements that characterize the concept of political party. Therefore, the outlined elements of the political party concept shall be connected to the constitutional architecture based on specific principles. Thereafter, the democratic principles are exposed in the third chapter, as well as principles of party freedom and programmatic unit as essential elements to the development of the political party theory. Once these premises are established, the fourth chapter is devoted to delimit the parties systems and corresponding theoretical classifications herein consolidated as binary and ternary systems. This channeling entangles the party s system study in the Parliamentary Law area, especially insofar as government and opposition codification is concerned. The political party line approach sets up both the legal and political focuses. This means that the constitutional system plans the adjustment between Law and the party s policy, and the party on its turn participates of this system as a connecting link. Finally, conclusive ideas collected from this study are exposed