Superior Electoral Court | |
---|---|
Tribunal Superior Eleitoral | |
15°48′37″S47°52′18″W / 15.81028°S 47.87167°W | |
Established | 24 February 1932 |
Location | Brasília, Brazil |
Coordinates | 15°48′37″S47°52′18″W / 15.81028°S 47.87167°W |
Composition method | Election among members of the Supreme Federal Court and Superior Court of Justice |
Authorized by | Constitution of Brazil |
Appeals from | Regional Electoral Courts |
Judge term length | Two years, renewable once consecutively |
Number of positions | 7 |
Website | www |
President | |
Currently | Alexandre de Moraes |
Since | 16 August 2022 |
Vice President | |
Currently | Cármen Lúcia |
Since | 25 May 2023 |
The Superior Electoral Court (Brazilian Portuguese : Tribunal Superior Eleitoral, TSE) is the highest body of the Brazilian Electoral Justice, which also comprises one Regional Electoral Court (Brazilian Portuguese: 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. [1]
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. [2] 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), [3] which revoked the 1932 code, but kept the judicial control over the electoral proceedings.
The Superior Electoral Court is the highest judicial body of the Brazilian Electoral Justice as per the §3 of the Article 121 of the Brazilian Constitution of 1988, which sets that the decisions of the TSE are unappealable, except those contrary to the Constitution, or that deny habeas corpus or writs of mandamus. Therefore, in such exceptions, the Supreme Federal Court (STF) judges appeals filed against the TSE's rulings.
The composition of the TSE is ruled by the Article 119 of the Constitution of Brazil, which sets that the court shall be composed by seven members. Three of them shall be elected by secret vote from among the Justices of the STF and two other judges shall be elected by secret vote from among the Justices of the Superior Court of Justice (STJ). The remaining two shall be appointed by the President of Brazil from among six lawyers of notable juridical knowledge, and good moral reputation, nominated by the STF.
This article is part of a series on the |
Name | Origin | Function |
---|---|---|
Effective Justices | ||
Alexandre de Moraes | STF | President |
Cármen Lúcia | STF | Vice President |
Nunes Marques | STF | |
Raul Araújo | STJ | |
Benedito Gonçalves | STJ | Inspector |
Floriano Marques Neto | Jurist | |
André Ramos Tavares | Jurist | |
Substitute Justices | ||
Gilmar Mendes | STF | |
Dias Toffoli | STF | |
André Mendonça | STF | |
Isabel Gallotti | STJ | |
Antônio Carlos Ferreira | STJ | |
Vacant | Jurist | |
Edilene Lôbo | Jurist |
[4] [5] [6] | State | Federal | ||
---|---|---|---|---|
Superior courts | 0 | Supreme Federal Court STF | 1 | |
Federal superior courts | 4 | |||
Common justice | Court of Justice TJ | 27 | Federal Regional Courts TRF1 .. TRF6 | 6 |
Specialized justice | State Military Justice Courts | 3 | Electoral Justice Courts TRE | 27 |
TJME | Regional Labor Courts TRT | 24 | ||
Total | 30 | 62 |
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The Brazilian Election Justice was created by Decree No. 21,076 of 24 February 1932, representing one of the innovations of the Brazilian Revolution of 1930. In 1932 the first edited Brazilian election code was passed. It was inspired by the election justice of the Czech Republic and the ideas of Joaquim Francisco de Assis Brasil, a politician, farmer and ambassador.
The Brazilian municipal elections of 2012 took place on October 7 and on October 28. Over 138 million voters chose mayors, deputy mayors and city councillors for the 5,568 municipalities of Brazil. These were the first elections in which the recently registered parties Partido Pátria Livre (PPL) and Partido Social Democrático (PSD) participated; they were both recognized by the Superior Electoral Court in 2011. Political parties whose candidates wished to run for the 2012 elections had to be registered at the TSE for at least one year before the election date, while candidates also had to be affiliated to a party for the same period of time. Conventions for the selection of candidates within the parties occurred between 10 and 30 June, while the registry of candidates and alliances with the Regional Electoral Courts took place until July 5. Electoral campaign was authorized from the moment a candidacy had been registered. The free electoral program – two daily slots on free-to-air TV and radio for political advertising paid by the Electoral Justice fund – ran weekdays from 21 August until 4 October. According to the current Brazilian electoral law, the two-round system – should the leading candidate receive less than 50% +1 of the votes – is only available for cities with more than 200,000 voters. This includes all state capitals, with the exception of Boa Vista, Roraima and Palmas, Tocantins, plus 59 other municipalities. The free electoral program for the second round ran from 13 October until 26 October.
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The electoral system of Brazil is the set of means used to choose representatives and government members of the Federative Republic of Brazil. The current system is defined by the 1988 Constitution and the Electoral Code, in addition to being regulated by the Superior Electoral Court as delegated by law. The Constitution itself already defines three distinct electoral systems, which are detailed in the Electoral Code: proportional elections for the Chamber of Deputies, mirrored in the legislative powers at the state and municipal levels, majority elections with one or two elected representatives to the Federal Senate and majority elections in two rounds for president and other executive heads in other spheres.