A diluição da proporcionalidade e igualdade de votos entre os estados na Câmara dos Deputados: breve análise da distribuição de vagas na Câmara dos Deputados diante da ADI n.º 4.947/DF

Abstract

Which are the effects of disproportionality in the House of Representatives between the states? This is without question the starting point of the present dissertation, which intends to discuss the practical dimensions of the House of Representatives structure with emphasis on the number of representatives from each state. The controversy in question investigated the legal frameworks provided by the Superior Electoral Court and the Federal Supreme Court, as well as brought to light historical aspects of the matter, particularly to discuss the procedural formulas that were employed by the Federative Republic of Brazil to resolve disputes over the allocation of seats in the Federal Chamber prior to 1988. Furthermore, after a brief introduction of the subject matter, the first section of the dissertation examined the evident imbalance that exists in the distribution of seats among federal representatives, particularly because the analysis of the Demographic Census for the years 1991 and 2010 showed that the allocation of political positions does not take into consideration the population size of the member states. Subsequently, based on a decision of the Brazilian Supreme Court (ADI 4,947), it was observed that Resolution No. 23,389 of the Superior Electoral Court blatantly violated the principle of legality, as the Court ended up acting as a true norm creator, thereby usurping the competencies of the ordinary legislator. The last section of the dissertation's development highlighted that, despite the new indices from IBGE (Brazilian Institute of Geography and Statistics) illustrating a greater disparity in the comparison between population size and the number of federal deputies, the National Congress shows no interest in resolving the controversy of unconstitutionality surrounding the Brazilian electoral system. In conclusion, it has been determined that the filing of a Writ of Injunction against the National Congress may be necessary in order to request the regulation of the issue by the Supreme Federal Court.