The The prevalence of the pro electoratem principle against the pro homine principle in the state council's jurisprudence.

Abstract

This investigation finds to establish that nowadays in the way of the electoral nullity processes which the right of the electors predominate – pro electorate principle – with the rights of the elected candidate – pro homine principle – in the electoral nullity processes to mayors and governors. The previously proposed result of the great preeminence because it is precedently glimpse wuith various postures about the confrontation of the principles alluded to regulate the electoral dynamic in the country, by means of honorable stated committee has established a jurisprudential unification of the electoratem principles, and pro homine into the electoral nullity processes and therefore, the judge in appeal in this kind of processes always just rule that right of the electors are over the rights of the elected candidate, at moment to utter the verdict to pronounce sentence about the electoral nullity or not.