Tribunal Superior Eleitoral
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Tribunal Superior Eleitoral
The Superior Electoral Court ( pt-BR, Tribunal Superior Eleitoral, TSE) is the highest body of the Brazilian Electoral Justice, which also comprises one Regional Electoral Court ( pt-BR, Tribunal Regional Eleitoral, TRE) in each of the 26 states and the Federal District of the country, as determined by the Article 118 of the Constitution of Brazil. Background and legal provisions The Brazilian Electoral Code of 1932 established the Electoral Justice in Brazil, replacing the political system conducted by the Legislative branch over the electoral proceedings. The new judicial system transferred control over such proceedings to the Judiciary. In the present, duties of the Electoral Justice are regulated by a posterior Electoral Code, approved in 1965 (Law No. 4.737/65),MARTINS, Flavia Bahia. Direito constitucional. 2ª Ed. Niterói: Impetus, 2011. which revoked the 1932 code, but kept the judicial control over the electoral proceedings. The Superior Electoral Court is the highest ju ...
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Brasília
Brasília (; ) is the federal capital of Brazil and seat of government of the Federal District. The city is located at the top of the Brazilian highlands in the country's Central-West region. It was founded by President Juscelino Kubitschek on 21 April 1960, to serve as the new national capital. Brasília is estimated to be Brazil's third-most populous city. Among major Latin American cities, it has the highest GDP per capita. Brasília was a planned city developed by Lúcio Costa, Oscar Niemeyer and Joaquim Cardozo in 1956 in a scheme to move the capital from Rio de Janeiro to a more central location. The landscape architect was Roberto Burle Marx. The city's design divides it into numbered blocks as well as sectors for specified activities, such as the Hotel Sector, the Banking Sector, and the Embassy Sector. Brasília was inscribed as a UNESCO World Heritage Site in 1987 due to its modernist architecture and uniquely artistic urban planning. It was named "City of ...
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Writs Of Mandamus
(; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to take a specific action on applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications. Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggri ...
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Judiciary Of Brazil
The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country's judicial functions. Brazil's 1988 constitution has adopted a tripartite separation of powers, with a Legislative power, an Executive power, and a Judiciary power. Aside from those, the country also has the Public Ministry which acts autonomously and has in the past been referred to as the country's fourth branch. In terms of jurisdiction, the main division is between Common Justice ( pt, Justiça Comum) and Specialized Justice ( pt, Justiça Especializada). Common Justice, composed of Federal and State Justices (and the Federal District's own Justice), handles most civil and criminal cases. Specialized Justice, composed of Electoral, Military and Labor Justices, handles more specialized cases which also have their own specific procedures. The Constitution divided the Judiciary in nine organizations: the Supreme Federal Court ( pt, Supremo Tribunal Fede ...
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André Mendonça
André Luiz de Almeida Mendonça (born 27 December 1972) is a Brazilian attorney, Presbyterian pastor, and politician currently serving as Justice of the Supreme Federal Court. He is the third evangelical Christian positioned to join the top court, and former Minister of Justice and Public Security and Attorney General of the Union in the administration of President Jair Bolsonaro. Prior to assuming this role, he served as Attorney General of Brazil in the same administration. Mendonça was a Attorney for Brazil since 2000 and was special assistant of the Comptroller General of the Union Wagner Rosário between 2016 and 2018. Biography After graduating with a degree in law in 1993 at Law School of Bauru University Center, in São Paulo, Mendonça concluded his specialization in public law at University of Brasília, master's degree at University of Salamanca, with a thesis about corruption and the Rechtsstaat and received the highest grade for his doctorate thesis, ''Estado de D ...
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Nunes Marques
Kássio Nunes Marques (born 16 May 1972 in Teresina) is a Brazilian magistrate, currently a Justice at the Supreme Federal Court On 1 October 2020, president Jair Bolsonaro confirmed the nomination of Nunes to assume a seat in the Supreme Federal Court, due to the retirement of justice Celso de Mello. Nunes' nomination was confirmed by both Senate Justice Committee and Senate floor on 21 October 2020. Academic career Nunes was the first in his family to attend college. After receiving his Bachelor of Laws from the Federal University of Piauí (UFPI), Nunes concluded a specialization in tax law at the Federal University of Ceará (UFCE), as well as Master of Constitutional Law at the Autonomous University of Lisbon. Nunes recently defended his thesis for his doctorate at the University of Salamanca. Judicial career In May 2008, Nunes became a judge of the Electoral Regional Court of Piauí (TRE-PI). On 12 July 2011, Nunes was nominated by president Dilma Rousseff to serve as ...
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Cármen Lúcia
Cármen Lúcia Antunes Rocha (; 19 April 1954) is a Brazilian jurist and member of the Supreme Federal Court since 2006. She is the second woman to have been chosen as a justice for the Court and Chief Justice and a professor of Constitutional Law at Pontifical Catholic University of Minas Gerais. She was nominated by former President of Brazil Luiz Inácio Lula da Silva. Antunes Rocha's work has been marked by the rigor with which she tries corruption cases and her firm stance regarding women's rights. She was President of the Superior Electoral Court of Brazil. She currently is the President of the Supreme Federal Court The Supreme Federal Court ( pt, Supremo Tribunal Federal, , abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for con .... She became Acting President from April 13, 2018, until April 14 of the same year, as President Michel Temer a ...
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Edson Fachin
Luiz Edson Fachin (born 8 February 1958) is a Brazilian jurist and lawyer. On June 16, 2015, he became a justice of the Supreme Federal Court. Before that, he was a professor of civil law of the Federal University of Paraná (UFPR). See also *Operation Car Wash Operation Car Wash ( pt, Operação Lava Jato) was a criminal investigation by the Federal Police of Brazil's Curitiba branch. It began in March 2014 and was initially headed by investigative judge in France, but unlike judges in the common law ... References , - , - {{DEFAULTSORT:Fachin, Edson 1958 births Living people People from Rio Grande do Sul Federal University of Paraná alumni Pontifical Catholic University of São Paulo alumni Supreme Federal Court of Brazil justices 20th-century Brazilian lawyers 21st-century Brazilian judges ...
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President Of Brazil
The president of Brazil ( pt, Presidente do Brasil), officially the president of the Federative Republic of Brazil ( pt, Presidente da República Federativa do Brasil) or simply the ''President of the Republic'', is the head of state and head of government of Brazil. The president leads the executive branch of the federal government and is the commander-in-chief of the Brazilian Armed Forces. The presidential system was established in 1889, upon the proclamation of the republic in a military coup d'état against Emperor Pedro II. Since then, Brazil has had six constitutions, three dictatorships, and three democratic periods. During the democratic periods, voting has always been compulsory. The Constitution of Brazil, along with several constitutional amendments, establishes the requirements, powers, and responsibilities of the president, their term of office and the method of election. Jair Bolsonaro is the 38th and current president. He was sworn in on 1 January 2019 ...
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Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for ...
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Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area and the List of countries and dependencies by population, seventh most populous. Its capital is Brasília, and List of cities in Brazil by population, its most populous city is São Paulo. The federation is composed of the union of the 26 States of Brazil, states and the Federal District (Brazil), Federal District. It is the largest country to have Portuguese language, Portuguese as an List of territorial entities where Portuguese is an official language, official language and the only one in the Americas; one of the most Multiculturalism, multicultural and ethnically diverse nations, due to over a century of mass Immigration to Brazil, immigration from around the world; and the most populous Catholic Church by country, Roman Catholic-major ...
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Regional Electoral Court (Brazil)
Regional Electoral Court ({{Lang-pt, Tribunal Regional Eleitoral) is a level of the electoral court system in Brazil. The regional courts are in charge of elections at the state level. Responsibilities The functioning of the regional electoral courts is governed by the law 4.737 of 1965. Each court consists of judges that are publicly elected or nominated by part of the judiciary, according to rules set independently by each regional court. According to the Brazilian legislation, the regional courts are responsible for the control and inspection of the whole electoral process in their jurisdiction, from the registration of each regional branch of the political parties to the production of reports and electoral maps during the counting of the votes. The regional courts are responsible for the registration of voters, for the constitution of electoral districts and for reporting the results. The regional courts must also settle disputes regarding the elections and judge appeals to ...
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Brazilian Election Justice
The Brazilian Election Justice ( pt, Justiça Eleitoral do Brasil) was created by Decree No. 21,076 of 24 February 1932, representing one of the innovations of the Brazilian Revolution of 1930. In 1932 there was the first edited '' Brazilian Election Code'', inspired by the Election Justice of the Czech Republic and the ideas of Joaquim Francisco de Assis Brasil, a politician, farmer and ambassador Supporting Law Nowadays, the existence and regulation of the Election Justice in Brazil is determined in the articles 118 to 121 of the Federal Constitution of 1988, that established its exclusive attribution of the Federal Union legislating about Election Law. The Election Code and other laws give Executive and Legislative powers to the Superior Electoral Court (TSE). The law, even if it is named to provide Judicial powers, include an aggregation of administrative and normative functions as well. Comparative law In other countries, the solutions adopted to distribution of powers ...
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