Distribución del financiamiento partidario: dos tesis constitucionales

The Supreme Electoral Tribunal, through resolution n° 1456-E8-2018, clarified the scope of constitutional article 96.2 regarding the right political parties have to the contribution of the State. There are two theses: the criterion of the majority acknowledges this right, regarding national parties,...

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Bibliographic Details
Main Author: Brenes Villalobos, Luis Diego
Format: Article
Language:Spanish
Published: 2022
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8647387
Source:Revista de Derecho Electoral, ISSN 1659-2069, Nº. 34, 2022
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Summary: The Supreme Electoral Tribunal, through resolution n° 1456-E8-2018, clarified the scope of constitutional article 96.2 regarding the right political parties have to the contribution of the State. There are two theses: the criterion of the majority acknowledges this right, regarding national parties, solely for those achieving 4% at a national scale; the thesis of the minority argues that any party, regardless of a provincial or national scale, that reaches the threshold of 4% of the votes in one or several provinces, individually considered, also has the right to the contribution of the State. The essay reviews both readings, emphasizing the second one as a typical case of interpretation of the constitutional electoral norm with a real incidence in the final distribution of the political debt