Atividade normativa da justiça eleitoral

Abstract

Our study aims to identify and pose the normative function of the Brazilian Electoral Justice as a way to ensure the legal effectiveness of the Brazilian electoral system comprehensively. The Democratic Rule-of-Law State s ideal holds values that characterize contemporary democracies. Among these it is noteworthy the requirement of a formal electoral procedure that protects people's participation in the process of choosing leaders. This is based on the recognition of an electoral process that would guarantee, at least, universal suffrage through votes that are direct, secret and periodical. Corollary to these democratic axioms, these elections are supposed to be conducted with the required rectitude. It is also assumed that they are protected from too much interference of the economic power and the unsteady and pernicious influence of those holding public office in favor of their supporters, besides taking place in a context of a broad political spectrum and respect to the minorities. It is, therefore, mandatory that elections are conducted by an autonomous body that is impartial to their results. Hence, the electoral process takes effect. Besides managing the operation of the electoral process and settling disputes in individual cases, it is up to the Electoral Justice expedite resolutions to ensure the reliable implementation of the electoral law. Throughout this task, its mission is to integrate the legal system in order to ensure the effectiveness of the democratic system devised by the constituent and complemented by the one being legislated. This responsibility is limited by the very popular sovereignty expressed in the Constitution and in the legislature itself. Thus, the integrative function of Electoral Justice, in practice, is restricted to developing procedures so that explicit or implicit values in the system can be accomplishedJustice