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Electoral Justice in Brazil


The Electoral Justice is subject of articles 118 to 121 of the Federal Constitution.

The Electoral Justice has four instances (article 118): Electoral Boards, Electoral Judges, Regional Electoral Courts and the Superior Electoral Court.
The Electoral Justice doesn't have a permanent staff. Justices from the Superior Electoral Court are summoned among the Justices of the Supreme Court, Justices of the Superior Court of Justice, and two lawyers appointed by the President of the Republic. Likewise, Judges of the Regional Courts are summoned among Judges from other courts and two lawyers appointed by the President of the Republic. The Electoral Judges are judges of the State Justice who share their time between their normal activities and the electoral activities (which, by their nature, are seasonal).

The functions of Electoral Justice may be divided in two large groups: 1) overseeing the electors and 2) overseeing the candidates.

Voting in Brazil is a duty for people between 18 and 60 years old; people over 16 and under 18 (at time of election) may vote, but are not obliged to.
People must register at branches of Electoral Justice, which then issues and electoral card. This card contains an unique electoral number, as well as the Zone and Section where the elector is registered. At times of election, the Electoral Justice publishes in the media a list where electors are supposed to come for voting.
The Electoral Justice has the power to summon citizens to work in the elections (checking identities, organizing queues, etc). People are not paid for this work.

The Electoral Justice is responsible for verifying whether the candidates comply with the electoral legislation. Cases of misconduct during campaigns are denounced to and judged by the respective Electoral Justice.
Also, all candidates must render accounts to the Electoral Justice, which examines them to check out for compliance with the electoral legislation. To be empowered in office, all elected candidates must have their accounts approved by the Electoral Justice.

Visit the site: Superior Electoral Court
Each State has a Regional Electoral Court: Regional Electoral Courts


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