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Electoral Management

Brazil Brazil

EM002

Responsibility of national EMB
Question:Does the national electoral body have the responsibility for elections at:
Answer(s): a. National level
b. Regional level
c. Local level
d. Other kinds of elections (church, union, etc.) Please specify.
Comments: Also, referenda and plebiscites.
Source: Electoral Code – Law No. 4.737, of July 15, 1965, Article 22, 23: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965 Superior Electoral Court: http://www.tse.jus.br/eleicoes/plebiscitos-e-referendos
Verified: 2024/10/23
(Found a mistake? Please let us know.)
EM004

EMB budget determined by
Question:The budget of the national electoral management body is determined by:
Answer(s): c. The legislature
g. Other
Comments: The Supreme Electoral Tribunal develops its own budget plan which is subject to approval by the legislature (Chamber of Deputies). Article 376: The budget proposal for the Electoral Justice shall be prepared annually by the Superior Court, in accordance with the partial proposals submitted by the regional courts and within the prevailing legal norms. Sole Paragraph. Requests for additional credits necessary for the proper functioning of electoral services during the fiscal year shall be forwarded quarterly to the Chamber of Deputies through the Superior Court. Constitution: Article 99: The Judiciary is guaranteed administrative and financial autonomy. § 1º The courts shall prepare their budget proposals within the limits established jointly with the other powers in the budgetary guidelines law. § 2º The submission of the proposal, after consulting the other interested courts, is the responsibility of: I – at the federal level, the presidents of the Federal Supreme Court and the superior courts, with the approval of their respective courts; II – at the state level and in the Federal District and territories, the presidents of the Courts of Justice, with the approval of their respective courts.
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 376: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965 Constitution of the Federative Republic of Brazil, 1988, Article 99 §§ 1 and 2, I: https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/23
(Found a mistake? Please let us know.)
EM005

EMB expenditures controlled by
Question:The expenditures of the national electoral management body are controlled by:
Answer(s): e. Another organ within the national government
Comments: The expenditures of the national electoral management body in Brazil, Tribunal Superior Eleitoral (TSE), are controlled by the Tribunal de Contas da União (TCU), or the Federal Court of Accounts.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 70-75: https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/23
(Found a mistake? Please let us know.)
EM006

Term of EMB members
Question:The term of the members of the national electoral management body is:
Answer: b. For a specified number of years
Comments: Electoral Code: Article 14: Judges of the electoral courts, unless for justified reasons, shall serve mandatorily for two years, and never for more than two consecutive terms of two years.
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 14: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965 Constitution of the Federative Republic of Brazil, 1988, Article 121 (2): https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/23
(Found a mistake? Please let us know.)
EM012

Electoral Management model
Question:What is the Electoral Management model?
Answer: b. Independent
Comments: Article 12: The following are bodies of the Electoral Justice: I – the Superior Electoral Court, headquartered in the capital of the Republic and with jurisdiction throughout the country; II – a Regional Court in the capital of each state, in the Federal District, and, upon proposal from the Superior Court, in the capital of a territory; III – electoral boards; IV – electoral judges.
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 12: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965 Constitution of the Federative Republic of Brazil, 1988, Article 118: https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/23
(Found a mistake? Please let us know.)
EM013

Number of EMB members
Question:The EMB is composed of:
Answer: a. 1 - 10 members (specify)
Comments: Constitution: Article 119: The Superior Electoral Court shall be composed of at least seven members, chosen: I – by election, through secret ballot: a) three judges from among the ministers of the Federal Supreme Court; b) two judges from among the ministers of the Superior Court of Justice; II – by appointment of the President of the Republic, two judges from among six lawyers of notable legal knowledge and moral integrity, indicated by the Federal Supreme Court.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 119: https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil Electoral Code - Law No. 4,737, of July 15, 1965, Article 16: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/23
(Found a mistake? Please let us know.)
EM014

Membership based on
Question:The EMB members/commissioners are selected on the basis of their:
Answer: b. Expertise
Comments: Article 119: The Superior Electoral Court shall be composed of at least seven members, chosen: I – by election, through secret ballot: a) three judges from among the ministers of the Federal Supreme Court; b) two judges from among the ministers of the Superior Court of Justice; II – by appointment of the President of the Republic, two judges from among six lawyers of notable legal knowledge and moral integrity, indicated by the Federal Supreme Court. Sole Paragraph. The Superior Electoral Court shall elect its president and vice president from among the ministers of the Federal Supreme Court, and the electoral Corregidor from among the ministers of the Superior Court of Justice.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 119: https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil Electoral Code - Law No. 4,737, of July 15, 1965, Article 16: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/23
(Found a mistake? Please let us know.)
EM015


Question:The EMB members/commissioners are selected by:
Answer(s): a. Head of State
b. Head of Government
f. Judiciary
Comments: The members of the Supreme Electoral Tribunal are selected by the President and the Judiciary. Article 119: The Superior Electoral Court shall be composed of at least seven members, chosen: I – by election, through secret ballot: a) three judges from among the ministers of the Federal Supreme Court; b) two judges from among the ministers of the Superior Court of Justice; II – by appointment of the President of the Republic, two judges from among six lawyers of notable legal knowledge and moral integrity, indicated by the Federal Supreme Court. Sole Paragraph. The Superior Electoral Court shall elect its president and vice president from among the ministers of the Federal Supreme Court, and the electoral Corregidor from among the ministers of the Superior Court of Justice.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 119: https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil Electoral Code - Law No. 4,737, of July 15, 1965, Article 16: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/23
(Found a mistake? Please let us know.)
The data on this page is continuously updated. Additional, but potentially outdated material is available here.