The electoral court was created on February 24, 1932, under the leadership of Prime Minister President Hermenegildo Rodrigues de Barros. Tasked with safeguarding the legitimacy of the electoral process, the electoral court was a result of the dissatisfaction that led to the promulgation of the 1932 Electoral Code.

A court that was later abolished and its power exclusively assigned to the Union, was re-established in 1945, already under the leadership of Minister President José Linhares and with its headquarters in Rio de Janeiro. Thus, in 1960, when Brasília became the capital of the country, its headquarters were transferred to Brasília.

The secret ballot, women's suffrage, and the creation of a specialized electoral court, in addition to being an important milestone for the Democratic Rule of Law, form one of the main instruments for modernizing the Brazilian electoral process.

What is electoral justice?

Electoral justice is a specialized branch of the Federal Judiciary. In other words, it is a branch specifically for judging electoral matters.

The Federal Judiciary is divided into: Federal Common Courts, Specialized Military Courts, Specialized Labor Courts, and Specialized Electoral Courts.

Thus, the Electoral Court is responsible for organizing all stages of the Brazilian electoral process, from voter registration to the certification of elected candidates.

In this branch, in addition to judging electoral disputes, it is also responsible for the administration of elections , such as the electoral register, both of voters and political parties and candidates, as well as regulating and standardizing the electoral process.

What are the functions of the electoral justice system?

The function of the electoral court has specific characteristics in relation to other bodies of the Judiciary. It can be said that it has four specific functions: jurisdictional, administrative, advisory, and regulatory.

The judicial function resolves electoral disputes whenever it is called upon to do so. Examples include actions for judicial investigation of electoral irregularities (AIJE), actions to challenge an elected mandate (AIME), actions to challenge the registration of a candidacy (AIRC), and representations for irregular electoral propaganda.

The administrative function, as the name suggests, manages the entire electoral process, from voter registration to the transfer of electoral domicile. This function is vested with police power, which is the power of the public administration to limit or discipline the law, regulating practice in the name of the public interest.

Furthermore, the advisory function allows this specialized court to express its opinion without it being considered a judicial decision. Therefore, it can be considered a function of a particular nature within the Electoral Court, because the Judiciary is not, as a rule, a consultative body.

Finally, the regulatory function is responsible for issuing instructions for the execution of electoral laws, including the Electoral Code. For better clarification, we will delve deeper into this topic below.

What is the composition of the electoral court?

The Electoral Justice system is composed of the Superior Electoral Court, located in the capital of the Republic, Regional Electoral Courts located in the capital of each State and in the Federal District, in addition to judges and electoral boards.

Bodies that make up the Electoral Court (art. 118, CF/88):

• Superior Electoral Court – TSE – the highest court.
• Regional Electoral Courts – TREs – second instance.
• Electoral Judges – first instance.
• Electoral Boards – first instance.

The institution was created by Decree No. 21.076/1932 – under the name Superior Electoral Court – and established on May 20 of the same year. The Superior Electoral Court (TSE) exercises its jurisdictional function throughout the national territory and has a permanent existence. The composition of the TSE will be as follows:

Article 119 of the Federal Constitution: The Superior Electoral Court shall be composed of at least seven members, chosen from:

I – by election, through secret ballot:
a) three judges from among the Justices of the Supreme Federal Court;
b) two judges from among the Ministers of the Superior Court of Justice;

II – by appointment of the President of the Republic, two judges from among six lawyers of notable legal knowledge and moral integrity, nominated by the Supreme Federal Court.

Sole paragraph. The Superior Electoral Court shall elect its President and Vice-President from among the Justices of the Supreme Federal Court, and the Electoral Inspector General from among the Justices of the Superior Court of Justice.

The Regional Electoral Courts (TREs) were created at the first session of the TSE, on June 7, 1945.

In this sense, they operate in the capitals of each state and in the Federal District, exercising their jurisdiction in their respective states, and they also have a permanent character. Among other functions, they have:

Article 120 of the Federal Constitution: There shall be a Regional Electoral Court in the capital of each State and in the Federal District.
§ 1 – The Regional Electoral Courts shall be composed of:

I – by election, through secret ballot:
a) two judges from among the justices of the Court of Justice;
b) two judges, chosen from among judges of law, selected by the Court of Justice;

II – by a judge of the Regional Federal Court headquartered in the State Capital or in the Federal District, or, if there is none, by a federal judge, chosen, in any case, by the respective Regional Federal Court;

III – by appointment, by the President of the Republic, of two judges from among six lawyers of notable legal knowledge and moral integrity, nominated by the Court of Justice.

§ 2 – The Regional Electoral Court shall elect its President and Vice-President from among the judges.

The electoral judge is responsible for appointing poll workers, dividing electoral zones, and resolving any incidents that may arise; furthermore, their role is permanent.

Unlike the TSE (Superior Electoral Court) and the TREs (Regional Electoral Courts), Electoral Boards have a temporary existence, as they are only organized for upcoming elections. Furthermore, the following are stipulated:

Article 121 of the Federal Constitution: A supplementary law will provide for the organization and jurisdiction of the courts, judges, and electoral boards.

§ 1 – Members of the courts, judges, and members of electoral boards, in the exercise of their functions, and to the extent applicable to them, shall enjoy full guarantees and shall be irremovable.

§ 2 – Judges of electoral courts, unless there is a justified reason, shall serve for a minimum of two years, and never for more than two consecutive two-year terms, with substitutes being chosen at the same time and by the same process, in equal numbers for each category.

§ 3 – Decisions of the Superior Electoral Court are not subject to appeal, except those that contradict this Constitution and those denying habeas corpus or writs of mandamus.

What are the responsibilities of the electoral courts?

The electoral justice system is composed of the Superior Electoral Court, Regional Electoral Courts, Electoral Judges, and Electoral Boards. Therefore, each body has its own specific jurisdiction.

Article 22 of the Electoral Code establishes the jurisdiction of the Superior Electoral Court, and Article 23 of the same code provides for the exclusive jurisdiction of the same Court.

Among its responsibilities, the TSE (Superior Electoral Court) is responsible for processing and judging, in the first instance, the registration and revocation of registration of political parties, their national directorates, and candidates for President and Vice-President of the Republic.

Furthermore, it is responsible for judging special appeals and ordinary appeals filed against decisions of regional courts, and for approving the division of states into electoral zones or the creation of new zones. The competencies are numerous; it is worthwhile to read the provisions cited above.

Furthermore, Article 23 establishes its exclusive competence, such as drafting its internal regulations, organizing its secretariat and the General Inspectorate, proposing to the National Congress the creation or abolition of administrative positions and the setting of their respective salaries, filling them in accordance with the law.

The Regional Electoral Courts, on the other hand, handle cases such as processing and judging, in the first instance, the registration and cancellation of the registration of state and municipal directorates of political parties, as well as candidates for governor, vice-governor, members of the National Congress, and legislative assemblies.

Furthermore, they also rule on appeals filed against acts and decisions issued by judges and electoral boards, among others.

Electoral judges of the first instance are part of the state and Federal District courts. As stipulated in Article 32 of the Electoral Code, their duties include processing and judging electoral and common crimes, except those under the original jurisdiction of the Superior Electoral Court and the regional electoral courts, issuing voter registration cards and granting voter transfers, among others.

Finally, the provisions for electoral boards are found in Article 36 of the Electoral Code; and Article 11, § 2, of Supplementary Law No. 35/1979, and are composed of one judge each, who will be the president of the electoral board, and two or four citizens of known integrity. One of their duties is to resolve challenges and other incidents that occur during the counting and tabulation of votes.

What are the most common professions/positions for professionals in this field?

Although the peak of the work of electoral law professionals focuses on the two-year election period, there are a series of stages prior to and subsequent to municipal, state, and federal elections. Therefore, numerous opportunities exist for lawyers and legal professionals.

The most well-known professionals and positions in the electoral field are those of ministers of the TSE (Superior Electoral Court), judges, as well as the titular and auxiliary electoral judges and the members of the TRE (Regional Electoral Court). It is important to emphasize that professional performance, for the proper functioning of electoral justice, goes beyond the most renowned positions and professions.

In this sense, the positions of technicians and analysts are of great value, both in the administrative area and in supporting the specialized area, requiring submission to public examinations to obtain them. Salaries vary from state to state, but there is potential for growth and internal recognition.

Furthermore, Resolution No. 23.463, of December 15, 2015, of the Superior Electoral Court (TSE) now requires political parties to hire private lawyers to act in the rendering of accounts, in addition to providing legal advice during the campaign, which in practice encourages the activity of legal professionals.

Finally, the creation of the Clean Slate Law also led to an increased demand for lawyers specializing in electoral law, mainly to regularize the situation of candidates who were prevented from being elected. Therefore, specialization in this area becomes essential for professionals.

References

TSE. History of Electoral Justice.

Dias, Renata Lívia Arruda de Bessa. Electoral Justice: composition, powers and functions. TSE.