The proportional electoral system: comments on the proposal to amend the legislation

Abstract

This article aims to address the issue of restricting access, by political parties, to electoral vacancies, in the proposed legislative change on the calculation of electoral surpluses. To this end, we first present the idea of representation and proportionality as the bases of the proportional electoral system in Brazil, as well as the calculations in force in said system. Methodologically,
academic articles, doctrine, jurisprudence, the Federal Constitution and infra- constitutional legislation were used. As a result, a consistent reference is presented in relation to the restriction on proportionality within the electoral proportional system itself, as the legislative proposal makes access to vacancies difficult, given the electoral quotient to be applied to party groups
in the distribution of electoral surpluses.