Superior Electoral Court

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The Superior Electoral Court (Template:Langx, TSE) is the highest body of the Brazilian Electoral Justice, which also comprises one Regional Electoral Court (Template:Langx, 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]

Background and legal provisions

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) determines appeals from 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

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Name Origin Function
Effective Justices
Cármen Lúcia STF President
Nunes Marques STF Vice President
André Mendonça STF
Raul Araújo STJ
Isabel Gallotti STJ
Floriano Marques Neto Jurist
André Ramos Tavares Jurist
Substitute Justices
Gilmar Mendes STF
Dias Toffoli STF
Cristiano Zanin STF
Ricardo Cueva STJ
Antônio Carlos Ferreira STJ
Vera Lúcia Santana Jurist
Edilene Lobo Jurist

In relation to other courts

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References

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  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.

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External links

Template:National election commissions Template:Justice in Brazil Template:Authority control