THE IMPORTANCE OF THE ALTERNATE CANDIDATE IN THE ACTIVE POLE OF ELECTORAL ACTIONS

Abstract

The judiciary has an important role, it is increasingly sought to resolve conflicts involving the claimants to the disputed positions, as it becomes responsible for the final word when judicially triggered by one of the legitimate ones. The Electoral Justice that has been saying, which candidate will really be entitled to assume a seat, or continue the rest of his term. Thus, the role of the alternate candidate is of paramount importance within the electoral process, as it has a direct legal relationship with the demand. . The participation of third parties in the electoral process that is already underway is then analyzed, since the alternate is the one who will be legitimized to assume the title of the mandate if there is provision of any action with the intention of canceling registration or even becoming the ineligible defendant. At this juncture, the present work intends to analyze the joinderal interest of the alternate candidate to join the active pole in electoral lawsuits and to start having an appeal within the demand, depending on the result of an appeal, and even the final result of the process, it can be the composition of the Legislative House has changed, hence the relevant role of the alternate in electoral actions. Finally, it will be demonstrated the hypothesis of admitting the Joinderal Assistance in the electoral process, based on the resolution of the Superior Electoral Court (TSE) No. 23.547 of 2017, and the Civil Procedure Code and its principles.