11. Numerous opposition political parties to the federal government have begun negotiations to merge, creating a new party, the Delta Party. They a...
11. Numerous opposition political parties to the federal government have begun negotiations to merge, creating a new party, the Delta Party. They aim to create a more relevant political force in the national context. Concerned about the repercussions of this initiative in the regional policies and realizing that the political negotiations are advancing, some federal deputies seek legal-constitutional arguments to prevent the creation of this new party. In a meeting, they conclude that, although the Brazilian legal-constitutional framework does not prohibit the merger of political parties, these, as public legal entities, can only be created by law approved by the National Congress. When submitting these conclusions to a competent lawyer, he, based on the Constitution of the Republic, states that the federal deputies:
a) are correct regarding the possibility of merging political parties, but mistaken regarding the need for party creation through law, since political parties in Brazil have the legal personality of private law. b) are mistaken regarding the possibility of merging political parties in Brazil, although they are correct regarding the need for the creation of political parties to be done through the legal route, as they are public legal entities. c) are mistaken, as the Constitution of the Republic not only prohibited the merger of political parties but also left it up to the new political party to choose the legal personality of law it will assume, public or private. d) are correct, as the Constitution of the Republic, by requiring that the creation or merger of political parties be done through the legislative route, granted the National Congress broad powers of oversight for their creation or merger.
A resposta correta é a alternativa b) Os deputados federais estão equivocados quanto à possibilidade de fusão de partidos políticos no Brasil, embora estejam corretos em relação à necessidade de criação de partidos políticos por meio do caminho legal, uma vez que são entidades jurídicas públicas.
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