Nowadays, the existence and regulation of the Election Justice in Brazil is determined in the articles 118 to 121 of the Federal Constitution of 1988, that established its exclusive attribution of the Federal Union legislating about election law.[2]
The Election Code and other laws give executive and legislative powers to the Superior Electoral Court (TSE). The law, even if it is named to provide judicial powers, include an aggregation of administrative and normative functions as well.[3][4]
Comparative law
In other countries, the solutions adopted to distribution of powers in the election process differ from one country to the other.[5] In Argentina and Finland the executive power itself administers the elections; In the United States, France and Germany, this role is played in city level; in Chile and Uruguay, there are independent organs, outside the public powers structure.Шаблон:Cn
Functions
The functions[6] of Elections Justice are the following:[7]
Regulating the elections process
Administration the elections process
Inspecting the accomplishment of the law
Inspecting the accounts of the elections campaigns
Judging controversies about elections
Punishing violations of elections law
Answering queries about election regulation
Judging appeals in election matters
Bibliography
Amaral, R.;Cunha, S.S. da. Manual das Eleições, 3ª ed.São Paulo: Saraiva, 2006, Шаблон:ISBN
Anais do Seminário Brasileiro de Direito Eleitoral. Porto Alegre: Tribunal Regional Eleitoral do Rio Grande do Sul, 1990
