Resumo

TEALDI, Jean-Paul. Analysis of the jurisprudence of the electoral court on the registration of political parties. Rev. Fac. Der. [online]. 2022, n.53, e204.  Epub 01-Jun-2022. ISSN 0797-8316.  https://doi.org/10.22187/rfd2022n53a6.

Historically, the Electoral Court had a regulatory procedure for the registration of new political parties. The Uruguayan Constitution from 1997 provides that in order for political parties to participate in the electoral cycle (national, departmental and municipal elections), it is necessary that they hold primary, simultaneous and mandatory internal elections for said parties.

Law No. 183485 of May 11, 2009, in articles 7 to 9 establishes the way in which political parties must be constituted, what documents applicants must present, as well as the deadlines for filing objections and the procedure before the Electoral Court.

The Electoral Court from 2010 to date has received applications for registration of new political parties, dictating for this the regulations of the indicated articles. By Circular No. 8894 of November 13, 2012, it was established that requests from political parties that want to participate in the following electoral period must be submitted 150 days before the date of the internal elections. Until 2019 and since 2012, around fifteen applications for the registration of new political parties have been submitted in application of the aforementioned law.

Not all applications have culminated in the registration of the political party, being objected by individuals, by other parties or by the Electoral Court itself.

The author intends to expose the procedure for the registration of political parties, the law and its current regulations, and analyze each of the resolutions of the Electoral Court from 2010 to 2020. A systematic study of each requirement established by the regulations to be able to constitute a political party: the name, the statute, the organic charter, the program of principles, the required signatures and the provisional authorities.

Political parties, as necessary actors of the Uruguayan electoral system, have also participated in the registration procedures, opposing and objecting to the registration of other parties.

Palavras-chave : Political Parties. Law Nº 18,845. Registration. Case Law. Electoral Court..

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