Download This PaperElectoral Justice and the Supreme Federal Court in Brazilian Democracy
Forthcoming in Fasone C, Mostacci E and Romeo G (eds), Judicial Review and Electoral Law in a Global Perspective (1st edn, Bloomsbury Publishing 2024)
19 Pages Posted: 20 Dec 2023
Date Written: March 30, 2023
Abstract
This chapter summarises the historical foundations of the Brazilian framework for electoral management bodies. Furthermore, it analyses the intersection between the Superior Electoral Court and the Supreme Federal Court, perceiving how the accumulation of administrative and judicial power in both institutions affects Brazilian constitutional democracy. It argues that the relationship between the two courts has been ambivalent, with moments of confrontation, deference, and interdependence, despite the relative autonomy of both institutions. The chapter concludes with a critical analyses of the role performed by both institutions during the 2022 General Election period, particularly concerning the protection of the democratic regime.
Keywords: Brazilian Supreme Federal Court, Superior Electoral Court, Democracy, Judicial Activism, Electoral Management
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