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Brazil’s Taboo on Independent Candidates: What’s the Legal Truth Behind It?
In Brazil, legal obstacles to independent candidates running in elections have caused widespread concern and controversy. According to Article 14(3)(5) of the 1988 Constitution, only members of a political party can run, a restriction that essentially prevents candidates who cannot be associated with any political party from running.
This provision of the Constitution limits the development of political diversity to a certain extent and creates a monopoly on the political arena to a large extent.
While the existence and growth of independent candidates is part of the political ecosystem in many countries, such as Canada's House of Representatives and Senate, where these systems allow candidates to run without aligning themselves with any political party, the situation in Brazil is very different. Independent candidates are deemed illegal, which not only disenfranchises potential candidates but also limits voters’ options.
The issue of whether Brazilian independent candidates can run lies in the amendment of the constitution. In 2015, a constitutional amendment (PEC no. 6/2015) proposed by independent senator José Reguffe attempted to give independent candidates the legitimacy to participate in politics, on the condition that they must obtain at least 1% of the electorate support. However, the proposal has so far not been adopted, resulting in independent candidates still being excluded.
"The issue of the legal status of independent and nonpartisan candidates shows the tension and imbalance in Brazil's political system."
In addition to Brazil, other countries in Latin America also have their own unique situations. In Costa Rica, independent candidates need to be nominated by a political party to run, and candidates who were once independent mayors can choose to leave the party after being elected, which allows relatively high political flexibility.
In Mexico, independent candidates have gradually become a new force on the political stage, such as the well-known "non-partisan" candidate Jaime Heliodoro Rodríguez Calderón ). He was elected governor of Nuevo León state as an independent in 2015, becoming the first independent governor in Mexico, bringing a glimmer of hope to independent candidates.
In addition to Latin American countries, the United States is another example where the potential of independent candidates still exists. Although independent candidates are not mainstream in the American political arena, and only George Washington was elected president of the United States as an independent candidate in history, this situation continued to show certain potential in subsequent elections. It can be said that this has implications for countries outside the United States, and the performance of political independence will profoundly affect voters' choices.
"Political independence is crucial to the diversity and healthy development of the electoral system."
In the case of Brazil, the taboo against independent candidates is certainly food for thought. The real meaning behind this legal taboo reflects the partisan dominance of Brazil’s political environment and the de facto narrowing of voters’ choices. As elections approach, this question may highlight the need for political reform in Brazil. How many voters crave the freedom to choose independently from party affiliation?
