Electoral justice in Brazil: autonomy and institutional resources

The article analyzes the institutional resources that allowed the Electoral Court in Brazil to preserve its autonomy in the face of pressure exerted by the Bolsonaro government. After a summary of the history of the Electoral Court before the 1988 Constitution, the work highlights the characteristics of the institutional design of the Electoral Court in the current democratic regime, analyzing the different aspects of its autonomy based on constitutional and legal norms and empirical data on its functioning. The article then demonstrates that the Electoral Court's different electoral governance functions exercises, including the elaboration of electoral rules, generated a process of self-reinforcement of its autonomy, increasing the costs of eventual attempts to reverse it. This process was also guaranteed by the institutional articulation of the Superior Electoral Court with the Federal Supreme Court, in which the latter court acts as a self-referential veto point, which preserves the decisions of the Electoral Court

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Publication Details

Journal
Pensar - Revista de Ciências Jurídicas
Published
2025-02-28
DOI
https://doi.org/10.5020/2317-2150.2025.16249
Primary Topic
Judicial and Constitutional Studies
Type
article
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article

Electoral justice in Brazil: autonomy and institutional resources

Juliana Rodrigues Freitas, Antonio Moreira Maués
Pensar - Revista de Ciências Jurídicas
Judicial and Constitutional Studies
article

Electoral justice in Brazil: autonomy and institutional resources

Juliana Rodrigues Freitas, Antonio Moreira Maués
article en

Abstract

The article analyzes the institutional resources that allowed the Electoral Court in Brazil to preserve its autonomy in the face of pressure exerted by the Bolsonaro government. After a summary of the history of the Electoral Court before the 1988 Constitution, the work highlights the characteristics of the institutional design of the Electoral Court in the current democratic regime, analyzing the different aspects of its autonomy based on constitutional and legal norms and empirical data on its functioning. The article then demonstrates that the Electoral Court's different electoral governance functions exercises, including the elaboration of electoral rules, generated a process of self-reinforcement of its autonomy, increasing the costs of eventual attempts to reverse it. This process was also guaranteed by the institutional articulation of the Superior Electoral Court with the Federal Supreme Court, in which the latter court acts as a self-referential veto point, which preserves the decisions of the Electoral Court

Pensar - Revista de Ciências JurídicasVol. 30
Openalex Percentile: Top 66%
Judicial and Constitutional Studies
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Electoral justice in Brazil: autonomy and institutional resources — Juliana Rodrigues Freitas, Antonio Moreira Maués · Pensar - Revista de Ciências Jurídicas (2025) | TGRS Research Map | TGRS