• Source: Brazilian Election Justice

      • The Brazilian Election Justice (Portuguese: 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 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.


      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 in the election process differ from one country to the other. In Argentina and Finland the executive power itself administers the elections; In the United States, France and Germany, this role is played in city level; in Chile and Uruguay, there are independent organs, outside the public powers structure.


      Functions


      The functions of Elections Justice are the following:

      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, ISBN 9788502057401
      Anais do Seminário Brasileiro de Direito Eleitoral. Porto Alegre: Tribunal Regional Eleitoral do Rio Grande do Sul, 1990


      See also


      Elections in Brazil


      References




      External sources


      Page of Tribunal Superior Eleitoral Archived 2012-02-17 at the Wayback Machine
      Page of Supremo Tribunal Federal
      Page of Conselho Nacional de Justiça
      Bibliografia sobre Direito Eleitoral Library of the Tribunal Superior Eleitoral

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