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
The Revolution of 1930 () was an armed insurrection across Brazil that ended the Old Republic. The revolution replaced incumbent President Washington Luís with defeated presidential candidate and revolutionary leader Getúlio Vargas, concludi ...
. In 1932 there was the first edited ''
Brazilian Election Code'', inspired by the Election Justice of the
Czech Republic
The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
and the ideas of
Joaquim Francisco de Assis Brasil
Joaquim is the Portuguese language, Portuguese and Catalan language, Catalan version of Joachim and may refer to:
* Alberto Joaquim Chipande, politician
* Eduardo Joaquim Mulémbwè, politician
* Joaquim Agostinho (1943–1984), Portuguese profe ...
, 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
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governi ...
legislating about Election Law.
The Election Code and other laws give Executive and Legislative powers to the
Superior Electoral Court
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 ...
(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 in the election process differ from one country to the other.
In
Argentina
Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the second-largest country in South America after Brazil, th ...
and
Finland
Finland ( fi, Suomi ; sv, Finland ), officially the Republic of Finland (; ), is a Nordic country in Northern Europe. It shares land borders with Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of B ...
the Executive Power itself administers the elections; In the United States, France and Germany, this role is played in city level; in
Chile
Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east a ...
and
Uruguay
Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...
, there are independent organs, outside the Public Powers structure.
Functions
The functions
of Elections Justice are the following:
[Amaral, 2006]
* Regulating the elections process
* Administration the elections process
* Inspecting the accomplishment of the law
* Inspecting the accounts of the elections campaigns
* Judging controversies about elections
* Punishing violations of elections law
* Answering queries about election regulation
* Judging appeals in election matters.
Bibliography
* Amaral, R.;Cunha, S.S. da. Manual das Eleições, 3ª ed.São Paulo: Saraiva, 2006,
* Anais do Seminário Brasileiro de Direito Eleitoral. Porto Alegre: Tribunal Regional Eleitoral do Rio Grande do Sul, 1990
See also
*
Elections in Brazil
Brazil elects on the national level a head of state—the president—and a legislature. The president is elected to a four-year term by absolute majority vote through a two-round system. The National Congress (''Congresso Nacional'') has two ch ...
References
External sources
Page of Tribunal Superior EleitoralPage of Supremo Tribunal FederalPage of Conselho Nacional de JustiçaBibliografia sobre Direito EleitoralLibrary of the
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 ...
Judiciary of Brazil
Elections in Brazil