Jurisdição e processo judicial eleitorais: reflexões na perspectiva do modelo constitucional brasileiro de processo

Abstract

In Brazil, the Electoral Court is the body responsible for organizing the elections and the trial of disputes arising from the elections, acting that has been understood separately to other related fields of law, especially constitutional law and civil procedure. The Constitution of 1988 introduced a new paradigm of the substantive law and jurisdiction, establishing for the State the duty of protection of fundamental rights, through positive and negative actions, or by the organization or institution of procedure capable of addressing the threats and injuries to legal interests. The object of the electoral legal supervision is the protection of legitimacy, normality of claims and administrative integrity. Elections and their outcome should be free of influence of economic and political power, they must reflect the equality and freedom of exercise of political rights. Unlike the nineteenth-century liberal orientation, it is not apart of the process. The process also received inflows of constitutionalisation and so it is argued that it should be structured considering the needs of the substantive law to be protected, which is arranged in a coherent legal system that goes from the Constitution and reaches the Superior Electoral Court Resolutions. It has opening points as the indeterminate concepts, not only for the update related to social changes as to allow the constructive activity of the jurisdiction through the process. By the way, it is the due legal process principle that grounds the dynamics of electoral actions, providing the bond of representative democracy with participatory democracy, since the parties access directly one of the powers introduced and cooperate in the performance of its importance to the construction of effective protection even when in case of the urgency created by the course of the mandates. The contradictory and collaboration manifest on issues like the proof and the grounds of sentences, getting clear on some points that the electoral judicial process needs improvement.