Polemics involving party spirit dominated the discussions on the political reform in 2008, and the theme will continue in the agenda in 2009, since several proposals on the subject being are being discussed at the chamber.
In 2008, for the first time in history, a deputy loss his mandate for having changed parties without a fair reason. The Federal Supreme Court (STF) determined the disfranchisement of the Deputy Walter Brito Neto, from Paraíba, who had left DEM to join PRB. That decision was confirmed by the Governing Board of the Chamber on December 18th.

In 2007, STF had already determined that the mandates belong to the parties. Electoral Justice then defined rules and terms for the implementation of party-spirit rules. Since then, changing parties will only be allowed if there is a substantial change in the party’s program, if there is personal discrimination against the politician or if the party merges with, or is incorporated to another.

The president of DEM, Deputy Rodrigo Maia (RJ), thinks that that decision strengthens the political parties in Brazil. “From now on, all will be sure that party spirit will be valid to those who decide to change parties, which is their right. All have the right to change political parties, but the mandates belong to the parties, since elections happen only through them. Thus, the strengthening of the parties will now generate a new moment to Brazilian politics in the next years”, he highlights.

A window for change
That opinion, however, is not unanimous. The Deputy Flávio Dino (PCdoB-MA) agrees with the need to strengthen the parties, but judges that the decision of the Supreme Court and of Electoral Justice immobilizes political activity.
Flávio Dino presented the Complementary Bill 124/07, which softens the party-spirit rule and is ready for the voting by the House. The proposal offers a 30-day window on every mandate, for the elected politician to change parties before applying for a new elective position, in the same jurisdiction.
“We have offered the possibility for the politician to previously present to Electoral Justice a justification on the reasons which would lead him to leave the party in which he had been elected. If it is not accepted, I have no doubt that his penalty should be the loss of his mandate. I just insist that, in addition to the exceptions provided for by the Law, there should be a time window at the end of the mandate, during which it would be possible to change parties, targeting the following elections, since we cannot eternally freeze the party picture”, he affirms.

Changes in the parties
The Deputy Regis de Oliveira (PSC-SP) believes that the definitive solution for the impasse will come only with the approval of a political reform which also changes the current power structure of the parties. “The parties are currently managed as a monarchy, that is, there is a king ruling over everything and over all, and he decides whatever he wants. Thus, we have really to discipline that in a future political reform, and I think the year of 2009 is very adequate for that, since there is no election, and the congresspeople will all be involved in that process. We owe that to our country.”
For Regis de Oliveira, it is also necessary to limit the mandate of all executive committees to a determined period, so that there is a renewal, with nominal and secret elections, to avoid any kind of pressure, thus allowing the change in directive and party compositions.
In 2009, party spirit should also be debated in the scope of the Special Committee on the Electoral Reform. The collegiate will consolidate several bills that are being processed at the Chamber, such as those handling the reelection and the size of political parties.