Can a Supreme Court be an unstabilizing component for political party funding? A Brazilian case study

Constitutional courts are nowadays considered essential institutions for the accountability of political power. When they defend constitutional democracy, the question of their legitimacy is normally left behind. In crisis times, however, a constitutional court is normally questioned about the limits of the constitutional adjudication and its consequences for the political sphere. This paper aims to investigate a concrete case involving the Brazilian constitutional Court, the Supremo Tribunal Federal, and the consequences of constitutional adjudication for the Brazilian political party founding system, especially due to the ADI n. 4650. Crucial for the analysis is not only the decision referred above, but also the regulation of political party funding by constitutional courts from other countries. The paper concludes that, rather than acting as a stabilizing element, the constitutional adjudication of the STF made dysfunctional the Brazilian System of political party funding.