The banning of political parties that threaten constitutional values is one of the remedies prescribed by the militant democracy. Albeit its effectiveness remains controversial, this weapon may still have a value in times of democratic erosion. The Brazilian constitution does not entail, at least explicitly, the banning because of such reason, but its Article 17 does establish that the extinction of parties shall safeguard sovereignty, democracy, party pluralism and fundamental rights. Since they are a fundamental element of democracy in Brazil, monopolizing candidacy and receiving public funding, their autonomy cannot be taken as absolute. Drawing from the restraints placed onto parties by the military regime and the concerns that influenced the democratic constitution, if a party aims to undermine the constitution, there is no constitutional obstacle to Judiciary to ban it from the political arena.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand. We will be announcing more details about the conference soon, including financial support to early career and global south scholars!