Building a name for yourself in a legal career as an election lawyer is a major professional challenge.

Considering opportunities, such as elections, for example, lawyers are offered a wide range of possibilities. Naturally, legal professionals ask themselves: "Is it worthwhile to practice law in the electoral field? Would it be an interesting niche with good opportunities? Is it a promising career?"

In this sense, we will discuss important aspects of the daily life of an electoral lawyer, so that professionals interested in the area can seek specialization, which is usually a differentiating factor.

Among all branches of law, electoral law is probably the one that best embodies the defense of democracy, establishing norms that guarantee the exercise of the right to vote under fair conditions. In a country as large as Brazil, working with electoral law is extremely important for guaranteeing popular sovereignty.

What does an election lawyer do?

First and foremost, it's worth highlighting that the role of the electoral lawyer is essential to guaranteeing the normality of the electoral process and its proper functioning. This is a fundamental function of the lawyer in defending democracy.

The laws governing electoral matters are the Federal Constitution, the Electoral Code (Law No. 4.737/1965) and subsequent laws that amended the text, the Law of Political Parties (Law No. 9.096/1995), the Elections Law (Law 9.504/97), the Law of Ineligibilities (Law No. 64/90) and the Clean Slate Law (Complementary Law 135/2010).

Furthermore, an electoral lawyer ensures the legality and compliance of electoral processes, advising politicians and party movements according to the legally established framework. The electoral law professional, therefore, is key to guaranteeing the legitimacy of elections and respect for the will of the majority.

Presidential elections are famous, typically dividing the country into specific factions and parties. While this is an important moment for defending democracy, there are also municipal elections, where candidates are elected to manage municipalities. These elections take place at different times, but are just as important.

This immense importance in the context of municipal elections exists because Brazil is a country with approximately 5.570 municipalities, and consequently, the presence of an electoral lawyer is fundamental and highly sought after.

In this sense, the number of political parties and candidates registering their candidacy is very large, which ultimately leads to a high demand for lawyers specializing in electoral law.

What I aim to highlight here is that there are various important moments for the electoral lawyer's work during elections, thus creating diverse job opportunities.

Furthermore, electoral lawyers can participate technically in the creation of electoral regulations, contributing to current legislation. In terms of visibility, the electoral field can help highlight the lawyer's work, since they routinely participate in radio and television interviews (legally), leading to significant exposure of their work.

Main demands and opportunities for election lawyers

The professional specializing in this area is responsible for legal and administrative defenses, opinions, public statements, and, most importantly, guidance for clarifications, answers, and even direction in debates.

Furthermore, they are able to clarify all doubts, in addition to a detailed analysis of the case, all the way to developing an action strategy to safeguard the rights of their clients.

They are also responsible for advising on election campaigns, which are important in municipal, state, and presidential elections. This is because emotions typically run high during the election period, making technical advice essential for the campaign.

Lawyers are also responsible for initiating and defending cases in electoral proceedings. For example, they are tasked with filing challenges to candidate registration (AIRC), or actions for judicial investigation of electoral irregularities (AIJE), appeals against diploma issuance, or even challenges to elected mandates (AIME).

In this sense, the role of the electoral lawyer is important not only in the procedural phase, but also in the pre-procedural phase, with the objective of a preliminary analysis of eligibility and ineligibility for a possible candidacy. Furthermore, they prepare legal opinions on electoral matters.

In another sense, an electoral lawyer can provide advice to electoral research companies. Speaking of combating fake news and taking into account electoral principles, it is essential to be careful regarding the legality of electoral polls, which fall under the purview of the Electoral Courts.

Law No. 14.230/2.021, better known as the New Improbity Law, due to the profound changes in the discipline of the matter, in addition to significantly altering the treatment of improbity actions, has significant repercussions in the field of Electoral Law.

In terms of Electoral Law, the new legal framework has a direct impact on the issue of ineligibilities under subparagraphs “l” and “g” of Complementary Law No. 64/1990, as well as on the civil-punitive consequences of committing the prohibited conduct listed in Article 73 et seq. of Law No. 9.504/1997. Therefore, it is extremely important that lawyers stay updated on these new changes.

Finally, electoral lawyers can also work from a social perspective, providing specific guidance on various forms of participation within electoral slates, such as female participation or participation in important movements like racial and LGBTQIA+ rights, among others.

How to become an election lawyer?

As previously discussed here on the IDP Blog, in the article about Electoral Justice , although the peak of the work of professionals in the field of electoral law focuses on election years, there are a series of stages prior to and subsequent to municipal, state, and federal elections.

Lawyers who want to practice electoral law need to pursue specialization in the area, ensuring they are always aligned with the understanding of the higher courts, especially the Superior Electoral Court, which issues resolutions fairly frequently.

It still requires a great deal of dedication, not only in studies, but also in time and participation in campaigns and party activities. Furthermore, it also demands political and interdisciplinary knowledge in general.

Working in the field of electoral law requires a passion for other branches of law. It is impossible to act satisfactorily for a political party if the lawyer does not also know tax law, labor law, civil law, and maintain a constant focus on criminal law.

It is often a differentiating factor in the field for lawyers to have worked with candidates and political parties at some point. Whether simply accompanying them or actually advising them, this is because they end up experiencing a unique perspective that cannot be found in any theory.

Therefore, it is essential that lawyers seek specialization in electoral law with professionals who play important roles in practice, in order to add even more value by combining theory with practice.

Given the large number of people who graduate in law every year in Brazil, a postgraduate degree is essential for those who decide to work in specific niches, standing out from the "majority." There are several postgraduate courses focused on Electoral Law available in Brazil, across various states. Some can even be taken online, which makes daily life easier.

Considering this demand, IDP Online offers specializations in various areas, including an online postgraduate course in Electoral Law . It features a group of specialized masters and doctors who actively work in electoral law, combining the best of theory and practice for interested lawyers.

References

Cyriney, Rodrigo. The new Improbity Law and its reflections on Electoral Law. Consultor Jurídico, 2022.

VASCONCELOS, Clever; SILVA, Marco Antônio da. Electoral Law. 3rd ed. São Paulo: Saraiva Jur, 2022.
Law No. 14.230 / 2.021