Da análise da aplicação do princípio da aquisição progressiva dos actos eleitorais pelo conselho constitucional nos acórdãos n° 10 e n° 24/cc/2024

Abstract

This work sought to study progressive acquisition as a principle of Electoral Law. To this end, it used the explanatory research method, privileging the use of Constitutional Jurisprudence and bibliographic research. It began by objectively defining Electoral Law, demonstrating its nature as a public right integrated into Constitutional Law. The progressive acquisition of electoral acts consists of the assessment of electoral irregularities alleged by interested parties in the context of electoral litigation, which have been claimed in the very act in which they occurred. It is one of the prerequisites for the appealability of electoral acts, based on the need to guarantee the normal course of the scheduled phases, taking into account the public interest at stake in the elections. It should not be confused with prior challenge, also a procedural prerequisite for contentious appealability; however, the latter only applies to voting and partial, district or city, and general or national counting disputes, and is less comprehensive than progressive acquisition, which encompasses all phases of the electoral process. The study sought to identify irregularities that invalidate an election and those without the same force to halt the progressive acquisition of power. In this, it compared the legal situation of the CAD’s removal and the disregard for the PODEMOS party’s appeal during the validation phase. It found no legal systematization of electoral irregularities that are absolutely invalidating and those without the same force, giving full freedom to the enforcer to determine irregularities, leading to selective decisions always in favor of the ruling party.