Superior Electoral Court

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Superior Electoral Court
Tribunal Superior Eleitoral
Tribunal Superior Eleitoral.png
TRE nova sede brasilia.jpg
The Superior Electoral Court building in Brasília
Superior Electoral Court
15°48′37″S47°52′18″W / 15.81028°S 47.87167°W / -15.81028; -47.87167
Established24 February 1932;91 years ago (1932-02-24)
Location Brasília, Brazil
Coordinates 15°48′37″S47°52′18″W / 15.81028°S 47.87167°W / -15.81028; -47.87167
Composition methodElection among members of the Supreme Federal Court and Superior Court of Justice
Authorized by Constitution of Brazil
Appeals from Regional Electoral Courts
Judge term lengthTwo years, renewable once consecutively
Number of positions7
Website www.tse.jus.br
President
Currently Alexandre de Moraes
Since16 August 2022
Vice President
Currently Cármen Lúcia
Since25 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]

Contents

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.

Current composition

NameOriginFunction
Effective Justices
Alexandre de Moraes STFPresident
Cármen Lúcia STFVice President
Nunes Marques STF
Raul Araújo STJ
Benedito GonçalvesSTJInspector
Floriano Marques NetoJurist
André Ramos TavaresJurist
Substitute Justices
Gilmar Mendes STF
Dias Toffoli STF
André Mendonça STF
Isabel GallottiSTJ
Antônio Carlos FerreiraSTJ
VacantJurist
Edilene LôboJurist

In relation to other courts

The 92 courts of the Brazilian judiciary
[4] [5] [6] StateFederal
Superior
courts
0 Supreme Federal Court
STF
1
Federal superior courts

STJ TSE TST STM

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
3062

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References

  1. "University of Minnesota Human Rights Library". hrlibrary.umn.edu. Retrieved 4 July 2023.
  2. SILVA, José Afonso da. Curso de Direito Constitucional Positivo. 33ª Ed. São Paulo: Malheiros, 2009.
  3. MARTINS, Flavia Bahia. Direito constitucional. 2ª Ed. Niterói: Impetus, 2011.
  4. "O Brasil tem 91 tribunais - Para Entender Direito" [Brazil has 91 courts - Understand the Law]. Folha de S. Paulo (in Portuguese). 20 October 2010. Archived from the original on 3 September 2015.
  5. DataSelf (8 January 2021). "Conheça as diferenças e funções dos tribunais brasileiros" [Know the differences and functions of the Brazilian courts] (in Portuguese). DataSelf. Retrieved 28 June 2023.
  6. Conselho Nacional de Justiça. "Tribunais - Portal CNJ" [Courts - CNJ Portal]. National Council of Justice (in Portuguese). Retrieved 28 June 2023.