Análise da vedação ao financiamento de campanhas eleitorais por pessoas jurídicas à luz da Sociologia Jurídica

Abstract

In September 2015, changes were made to the system of financing of electoral campaigns in Brazil, through the judgment of a Direct Action of Unconstitutionality in the Supremo Tribunal Federal (ADI 4650), and through Law nº 13.165/2015, which was nationally known as the little political reform. In both measures the donations of legal persons for the electoral campaigns, until then allowed in the Brazilian legal system, have been banned. Thus, the purpose of this study is to analyze whether these changes in Brazilian electoral law occurred as a product of social change or whether they’ll act as an agent of social change, or if, in this case, the law was ambivalent and both reacted as a product and it’ll act as an agent of social change. Therefore, it will use the bibliographic methodology, as well as a brief case study on the legal, political and social foundations that motivated such measures of production of the law. With the results obtained, it was possible to observe that the prohibition of the donations from legal entities to electoral campaigns, despite having developed as a product of social change, failed to demonstrate a rule with full effectiveness, neither was it able to implement the social transformations aimed at its approval, since the intens e influence of economic power on the political process of the elections is still evident. In the end, it was concluded that, up to the present, from the experience of the 2016 elections, no effect of this innovation of electoral law as an agent of social change can be seen.