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Brazil Brazil

Boundary Delimitation

BD001

Delimitation of constituencies


Question:Are constituencies delimited for election purposes?
Answer: b. No, existing regional/provincial/other boundaries are used
Comments: The President is elected from a single country-wide constituency. For federal elections to National Congress (Chamber of Deputies and Senate) each State and the Federal District forms a constituency. Constitution, Article 45: The Chamber of Deputies is composed of representatives of the people, elected, by the proportional system, in each state, territory and in the Federal District. Paragraph 1. The total number of Deputies, as well as the representation of the states and of the Federal District shall be established by a supplementary law, in proportion to the population, and the necessary adjustments shall be made in the year preceding the elections, so that none of those units of the Federation has less than eight or more than seventy Deputies. Electoral Code, Article 86: In presidential elections, the constituency will be the country; in federal and state elections, the state; and in municipal elections, the respective municipality.
Source: Constitution of the Federative Republic of Brazil, Article 45, 46: https://www.oas.org/es/sla/ddi/docs/acceso_informacion_base_dc_leyes_pais_b_1_en.pdf - English https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil - Portuguese Electoral Code, Law No. 4.737, 1965 of July 15, Article 83, 84, 85, 86: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/11
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BD003

Criteria for drawing boundaries


Question:On what criteria are the boundaries drawn?
Answer(s): d. Conformity with local jurisdiction boundaries
Comments: The President is elected from a single country-wide constituency. For federal elections to National Congress (Chamber of Deputies and Senate) each State and the Federal District forms a constituency. Constitution, Article 45: The Chamber of Deputies is composed of representatives of the people, elected, by the proportional system, in each state, territory and in the Federal District. Paragraph 1. The total number of Deputies, as well as the representation of the states and of the Federal District shall be established by a supplementary law, in proportion to the population, and the necessary adjustments shall be made in the year preceding the elections, so that none of those units of the Federation has less than eight or more than seventy Deputies. Electoral Code, Article 86: In presidential elections, the constituency will be the country; in federal and state elections, the state; and in municipal elections, the respective municipality.
Source: Constitution of the Federative Republic of Brazil, Article 45, 46: https://www.oas.org/es/sla/ddi/docs/acceso_informacion_base_dc_leyes_pais_b_1_en.pdf - English https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil - Portuguese Electoral Code, Law No. 4.737, 1965 of July 15, Article 83, 84, 85, 86: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/11
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BD005

Body responsible for drawing boundaries


Question:The body responsible for drawing the boundaries is:
Answer(s): a. Legislature (1st chamber)
Comments:
Source: Constitution of the Federative Republic of Brazil, Article 45, 46: https://www.oas.org/es/sla/ddi/docs/acceso_informacion_base_dc_leyes_pais_b_1_en.pdf - English https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil - Portuguese Electoral Code, Law No. 4.737, 1965 of July 15, Article 83, 84, 85, 86: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/11
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Electoral Systems

ES001

Head of State


Question:How is the Head of State selected?
Answer(s): a. Head of State is the Head of Government
c. Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: Article 76: The Executive Power is exercised by the President of the Republic, assisted by the Ministers of State. Article 77: The election of the President and Vice President of the Republic will take place simultaneously on the first Sunday of October in the first round, and on the last Sunday of October in the second round, if necessary, in the year prior to the end of the current presidential term. § 3º If no candidate obtains an absolute majority in the first vote, a new election will be held within twenty days after the proclamation of the result, with the two most-voted candidates competing, and the candidate who obtains the majority of valid votes will be considered elected. Electoral Code: Article 86: In presidential elections, the jurisdiction will be the country; in federal and state elections, the state; and in municipal elections, the respective municipality.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 76, 77: 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 86: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/22
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ES002

Head of Government


Question:How is the Head of Government selected?
Answer: b. Directly elected in general elections, absolute majority (with 2nd round if necessary)
Comments: Article 76: The Executive Power is exercised by the President of the Republic, assisted by the Ministers of State. Article 77: The election of the President and Vice President of the Republic will take place simultaneously on the first Sunday of October in the first round, and on the last Sunday of October in the second round, if necessary, in the year prior to the end of the current presidential term. § 3º If no candidate obtains an absolute majority in the first vote, a new election will be held within twenty days after the proclamation of the result, with the two most-voted candidates competing, and the candidate who obtains the majority of valid votes will be considered elected. Electoral Code: Article 86: In presidential elections, the jurisdiction will be the country; in federal and state elections, the state; and in municipal elections, the respective municipality.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 76, 77: 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 86: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/22
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ES003

President


Question:Does the country have a president?
Answer: a. Yes
Comments: Article 76: The Executive Power is exercised by the President of the Republic, assisted by the Ministers of State. Article 77: The election of the President and Vice President of the Republic will take place simultaneously on the first Sunday of October in the first round, and on the last Sunday of October in the second round, if necessary, in the year prior to the end of the current presidential term. Article 78: The President and Vice President of the Republic shall take office in a session of the National Congress, taking an oath to uphold, defend, and comply with the Constitution, observe the laws, promote the general welfare of the Brazilian people, and maintain the unity, integrity, and independence of Brazil.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 76, 77, 78: https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/22
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ES004

Number of Chambers


Question:The national legislature consists of (one/two chambers):
Answer: b. Two chambers
Comments: Article 44: The Legislative Power is exercised by the National Congress, which is composed of the Chamber of Deputies and the Federal Senate.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 44: https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/22
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ES005

Electoral System (Chamber 1)


Question:What is the electoral system for Chamber 1 of the national legislature?
Answer(s): g. List Proportional Representation
Comments: Article 45: The Chamber of Deputies is composed of representatives of the people, elected by a proportional system in each state, in each territory, and in the Federal District. § 1º The total number of deputies, as well as the representation by state and by the Federal District, shall be established by complementary law, proportionally to the population, making the necessary adjustments in the year prior to the elections, so that none of those units of the Federation has fewer than eight or more than seventy deputies. § 2º Each territory shall elect four deputies. Article 46: The Federal Senate is composed of representatives of the states and the Federal District, elected according to the majority principle. § 1º Each state and the Federal District shall elect three senators, with a term of eight years. § 2º The representation of each state and the Federal District shall be renewed every four years, alternately by one-third and two-thirds. § 3º Each senator shall be elected with two alternates. Article 47: Unless otherwise provided by constitutional provisions, the deliberations of each House and its committees shall be taken by a majority of votes, with the absolute majority of its members present. Electoral Code: Article 83: In direct elections for the Federal Senate, for mayor, and for vice mayor, the majority principle shall be adopted. Article 84: Elections for the Chamber of Deputies, legislative assemblies, and municipal chambers shall adhere to the principle of proportional representation as outlined in this law. Article 85: Elections for federal deputies, senators and their alternates, the President and Vice President of the Republic, governors, vice governors, and state deputies shall be held simultaneously throughout the country.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 45, 46, 47: 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 83, 84, 85: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/22
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Legislative Framework

LF001

Status of Electoral Law


Question:What is the status of the electoral law governing national elections?
Answer(s): a. Part of Constitution
b. Separate legislation
Comments:
Source: Constitution of the Federative Republic of Brazil, 1988: 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: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965 Election Law – Law No. 9,504, of September 30, 1997: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997 Political Parties Law – Law No. 9.096, of September 19, 1995: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-dos-partidos-politicos/lei-dos-partidos-politicos-lei-nb0-9.096-de-19-de-setembro-de-1995
Verified: 2024/10/18
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LF003

Electoral Law covers


Question:The national electoral law covers:
Answer(s): a. National elections
b. Regional elections
c. Local elections
Comments:
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 1: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965 Election Law – Law No. 9,504, of September 30, 1997, Article 1: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997 Political Parties Law – Law No. 9.096, of September 19, 1995: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-dos-partidos-politicos/lei-dos-partidos-politicos-lei-nb0-9.096-de-19-de-setembro-de-1995
Verified: 2024/10/18
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LF004

Compulsory/voluntary voting


Question:Is voting on the national level voluntary or compulsory?
Answer(s): b. Voting is compulsory and regulated in the electoral law
c. Voting is compulsory and regulated in the constitution
Comments: Article 14. Popular sovereignty shall be exercised by universal suffrage and by direct and secret voting, with equal value for all, and, in accordance with the law, through: § 1º Voter registration and voting are: I – mandatory for those over eighteen years of age; II – optional for: a) illiterates; b) those over seventy years of age; c) those over sixteen and under eighteen years of age. Electoral Code: Article 6. Voter registration and voting are mandatory for Brazilians of both sexes, except: I – regarding voter registration: a) the disabled; b) those over seventy years of age; c) those who are outside the country. II – regarding voting: a) the sick; b) those who are outside their domicile; c) civil and military employees on duty that prevents them from voting.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 14 (1): 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 6, 7, 8: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/18
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LF007

Electoral Disputes Agency(ies)


Question:What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s): b. EMB
c. Specially Appointed/Elected Electoral Tribunal
Comments: The Supreme Electoral Tribunal/Court, the Regional Electoral Tribunals, and the Electoral Judges. In Brazil, the agency responsible for handling the first level of formal electoral disputes is the Regional Electoral Court (Tribunal Regional Eleitoral - TRE). The TRE is the first-instance body for most electoral disputes, and its decisions can be appealed to the Superior Electoral Court (TSE), which serves as the final appellate authority.
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 23, 29, 30, 35: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/18
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Electoral Management

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
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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
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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
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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
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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
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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
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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
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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
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Voter Education

VE001

Information campaigns performed by


Question:Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s): a. National Electoral Management Body
b. Regional Electoral Management Bodies
c. Local/County Electoral Management Bodies
Comments: Electoral Code: Art. 116. The Electoral Justice shall widely disseminate, through announcements broadcast in compliance with the provisions of Article 250, § 5, on radio and television, as well as through posters displayed in public places, the names of the registered candidates, indicating the party to which they belong, as well as the number under which they were registered, in the case of candidates for deputy and city councilor. Election Law: Art. 93. The Superior Electoral Court may, in election years, request from radio and television broadcasters, during the one-month period prior to the start of electoral propaganda referred to in Article 36 and during the three days preceding the election date, up to ten minutes per day, whether continuous or not, which may be accumulated and used on separate days, for the dissemination of announcements, bulletins, and instructions to the electorate. Constitution: Art. 37. XXII § 1º The publicity of acts, programs, works, services, and campaigns of public bodies must have an educational, informative, or social orientation character, and must not include names, symbols, or images that characterize personal promotion of authorities or public servants.
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 116: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965 Election Law – Law No. 9,504, of September 30, 1997, Article 93: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997 Constitution of the Federative Republic of Brazil, 1988, Article 37 (XXII 1): https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/15
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VE002

Frequency of voter education programs


Question:At the national level, how often are voter education programs conducted?
Answer: b. Election time only
Comments: Art. 93. The Superior Electoral Court may, in election years, request from radio and television broadcasters, during the one-month period prior to the start of electoral propaganda referred to in Article 36 and during the three days preceding the election date, up to ten minutes per day, whether continuous or not, which may be accumulated and used on separate days, for the dissemination of announcements, bulletins, and instructions to the electorate. Art. 93-A. The Superior Electoral Court, during the period between April 1 and July 30 of election years, will promote, in up to five minutes per day, whether continuous or not, requested from radio and television broadcasters, institutional propaganda aimed at encouraging the participation of women, youth, and the black community in politics, as well as informing citizens about the rules and functioning of the Brazilian electoral system.
Source: Election Law – Law No. 9,504, of September 30, 1997, Article 93, 93-A: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997
Verified: 2024/10/15
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VE003

National civic education


Question:Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s): b. Yes, conducted by the National Electoral Management Body
c. Yes, conducted by the Regional Electoral Management Bodies
d. Yes, conducted by the Local/County Electoral Management Bodies
Comments: Art. 93. The Superior Electoral Court may, in election years, request from radio and television broadcasters, during the one-month period prior to the start of electoral propaganda referred to in Article 36 and during the three days preceding the election date, up to ten minutes per day, whether continuous or not, which may be accumulated and used on separate days, for the dissemination of announcements, bulletins, and instructions to the electorate. Art. 93-A. The Superior Electoral Court, during the period between April 1 and July 30 of election years, will promote, in up to five minutes per day, whether continuous or not, requested from radio and television broadcasters, institutional propaganda aimed at encouraging the participation of women, youth, and the black community in politics, as well as informing citizens about the rules and functioning of the Brazilian electoral system.
Source: Election Law – Law No. 9,504, of September 30, 1997, Article 93, 93-A: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997
Verified: 2024/10/15
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Voter Registration

VR001

Voting age


Question:What is the legal voting age in the national elections?
Answer: a. 16
Comments: The suffrage is voluntary for citizens between 16 and 18 years old and over 70, but it is compulsory for citizens above 18 and under 70 years old. POLITICAL RIGHTS Article 14. Popular sovereignty shall be exercised by universal suffrage and by direct and secret voting, with equal value for all, and, in accordance with the law, through: § 1º Voter registration and voting are: I – mandatory for those over eighteen years of age; II – optional for: a) illiterates; b) those over seventy years of age; c) those over sixteen and under eighteen years of age.
Source: Constitution of the Federative Republic of Brazil, Article 14: 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 4, 5, 6: http://aceproject.org/ero-en/regions/americas/BR/brazil-lei-4.737-2018/ (2018)
Verified: 2024/10/16
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VR002

Other voting requirements


Question:Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s): a. Citizenship
b. Period of Residence
d. Naturalization
e. Other
Comments: Article 12. Brazilians are: § 2º The law may not establish distinctions between native-born Brazilians and naturalized Brazilians, except in the cases provided for in this Constitution. Article 14. § 3º The conditions for eligibility, according to the law, are: I – Brazilian nationality; II – full exercise of political rights; III – voter registration; IV – electoral domicile in the electoral district.
Source: Constitution of the Federative Republic of Brazil, Article 12, 14, 15: 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 4, 5, 6: http://aceproject.org/ero-en/regions/americas/BR/brazil-lei-4.737-2018/ (2018)
Verified: 2024/10/16
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VR004

Authority responsible for voter registration


Question:Which is the authority responsible for the registration of voters for national elections?
Answer: d. Election Management Body (specify)
Comments: The Supreme Electoral Tribunal/Court and the Regional Electoral Tribunals. Article 23. It is also the exclusive responsibility of the Superior Electoral Court: XIII – to authorize the counting of votes by the receiving boards in states where this measure is requested by the respective Regional Electoral Court. Article 30. It is also the exclusive responsibility of the regional courts: XVIII – to organize the voter registry of the State. Article 43. The voter registration applicant shall present a request at the registry office or a previously designated location, using a form that follows the model approved by the Superior Electoral Court.
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 23 (XIII), 30 (XVIII), 43: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/16
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VR008

Is it compulsory to be on the voters register?


Question:Is it compulsory to be on the voters register?
Answer: a. Yes
Comments: Article 14. Popular sovereignty shall be exercised by universal suffrage and by direct and secret voting, with equal value for all, and, in accordance with the law, through: § 1º Voter registration and voting are: I – mandatory for those over eighteen years of age; II – optional for: a) illiterates; b) those over seventy years of age; c) those over sixteen and under eighteen years of age. Electoral Code: Article 6. Voter registration and voting are mandatory for Brazilians of both sexes, except: I – regarding voter registration: a) the disabled; b) those over seventy years of age; c) those who are outside the country. II – regarding voting: a) the sick; b) those who are outside their domicile; c) civil and military employees on duty that prevents them from voting.
Source: Constitution of the Federative Republic of Brazil, Article 14 (1): 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 6, 7, 8: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/16
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Parties and Candidates

PC001

Registration requirements for parties (Chamber 1)


Question:What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s): a. Signature requirement (specify requirement)
Comments: Law on Elections: Article 4: A party may participate in the elections if, at least six months prior to the election, it has registered its statute with the Superior Electoral Court, in accordance with the provisions of the law, and has, by the date of the convention, established a governing body in the jurisdiction, according to its respective statute. Article 10: Each party may register candidates for the Chamber of Deputies, the Legislative Chamber, the Legislative Assemblies, and the Municipal Chambers for a total of up to 100% (one hundred percent) of the number of seats to be filled plus 1 (one). § 3º From the number of vacancies resulting from the rules provided in this article, each party or coalition shall fill a minimum of 30% (thirty percent) and a maximum of 70% (seventy percent) for candidates of each sex. Law on Political Parties: Article 7: The political party, after acquiring legal personality in accordance with civil law, registers its statute with the Superior Electoral Court. § 2º Only the party that has registered its statute with the Superior Electoral Court may participate in the electoral process, receive resources from the Party Fund, and have free access to radio and television, as established in this law.
Source: Law on Elections, Law No. 9,504, September 30, 1997, Article 4, 10: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997 Law on Political Parties, Law No. 9,096, Article 7: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-dos-partidos-politicos/lei-dos-partidos-politicos-lei-nb0-9.096-de-19-de-setembro-de-1995
Verified: 2024/10/23
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PC003

Registration requirements for candidates (Chamber 1)


Question:What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s): a. Age
b. Citizenship
c. Country of birth
d. Residence
f. Registration
h. Minimum level of education
i. Minimum level of literacy
j. Other
Comments: Article 12: § 2º The law may not establish distinctions between natural-born Brazilians and naturalized citizens, except in the cases provided for in this Constitution. § 3º The following positions are exclusive to natural-born Brazilians: I – President and Vice President of the Republic; II – President of the Chamber of Deputies; III – President of the Federal Senate; IV – Minister of the Supreme Federal Court; V – Diplomatic career; VI – Officer of the Armed Forces; VII – Minister of State for Defense. Article 14: § 3º The conditions for eligibility, as provided by law, are: I – Brazilian nationality; II – full exercise of political rights; III – electoral registration; IV – electoral domicile in the district; V – party affiliation; VI – minimum age: a) thirty-five years for President and Vice President of the Republic and Senator; b) thirty years for Governor and Vice Governor of a state and the Federal District; c) twenty-one years for Federal Deputy, State or District Deputy, Mayor, Vice Mayor, and Justice of the Peace; d) eighteen years for Councilor. § 4º Those who are ineligible include the unregistered and the illiterate.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 12, 14: https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/23
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PC008

Independent candidates


Question:Can independent candidates compete in presidential or legislative elections?
Answer(s): a. Neither in presidential nor legislative elections
Comments: In Brazil, independent candidates cannot run for presidential or legislative elections. They must be affiliated with a political party to be eligible. Constitution: Article 14: § 3º The conditions for eligibility, as provided by law, are: V – party affiliation. Law on Elections: Art. 9º To run for election, the candidate must have electoral domicile in the respective district for a period of six months and have their party affiliation approved within the same timeframe. Art. 11. Political parties and coalitions shall request the registration of their candidates with the Electoral Court by 7 PM on August 15 of the election year. § 1º The registration request must be accompanied by the following documents: III – proof of party affiliation. Electoral Code: Art. 87. Only candidates registered by political parties may run for elections.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 14 (3-V): https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil Law on Elections, Law No. 9,504, September 30, 1997, Article 9, 11 (1-III): https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997 Electoral Code - Law No. 4,737, of July 15, 1965, Article 87: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/24
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PC012

Public funding of parties


Question:Do political parties receive direct/indirect public funding?
Answer(s): b. Direct
c. Indirect
Comments: Law on Political Parties: Article 38. The Special Fund for Financial Assistance to Political Parties (Party Fund) is composed of: III – donations from individuals or legal entities, made through bank deposits directly into the Party Fund account. Article 39. Except as provided in Article 31, political parties may receive donations from individuals and legal entities for the establishment of their funds.
Source: Law on Political Parties, Law No. 9,096, Article 7 (§2), 31, 38, 39: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-dos-partidos-politicos/lei-dos-partidos-politicos-lei-nb0-9.096-de-19-de-setembro-de-1995 Constitution of the Federative Republic of Brazil, 1988, Article 17: https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/24
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PC015


Question:What is the basis of the public funding?
Answer(s): a. Equal funding, regardless of size and previous performance
b. Based on result of previous election
Comments: Law on Political Parties: Article 41. The Superior Electoral Court, within five days from the date of the deposit referred to in § 1 of the previous article, shall make the respective distribution to the national bodies of the parties, following these criteria: I – one percent of the total of the Party Fund shall be allocated for equal distribution to all parties that have their statutes registered with the Superior Electoral Court; II – ninety-nine percent of the total of the Party Fund shall be distributed to the parties that have met the conditions of Article 13, in proportion to the votes obtained in the last general election for the Chamber of Deputies. Article 41-A. From the total of the Party Fund: I – 5% (five percent) will be allocated for equal distribution to all parties that meet the constitutional requirements for access to Party Fund resources; and II – 95% (ninety-five percent) will be distributed to the parties in proportion to the votes obtained in the last general election for the Chamber of Deputies. Sole paragraph. For the purposes of the provisions of item II, any changes in party affiliation will be disregarded in all cases. Constitution: Article 17. The creation, merger, incorporation, and extinction of political parties are free, provided that national sovereignty, the democratic regime, pluralism, and fundamental human rights are safeguarded, and subject to the following precepts: § 7. Political parties must allocate at least 5% (five percent) of the resources from the Party Fund to the creation and maintenance of programs that promote and disseminate the political participation of women, in accordance with intraparty interests. § 8. The amount from the Special Campaign Financing Fund and the portion of the Party Fund allocated for electoral campaigns, as well as the free broadcasting time on radio and television to be distributed by the parties to their respective female candidates, must be at least 30% (thirty percent), proportional to the number of female candidates. The distribution must be carried out according to criteria defined by the respective governing bodies and statutory regulations, considering the autonomy and interests of the party. § 9. From the resources derived from the Special Campaign Financing Fund and the Party Fund allocated for electoral campaigns, political parties must, as a requirement, allocate 30% (thirty percent) to candidates who are Black or Brown, in the constituencies that best serve the interests and strategies of the parties.
Source: Law on Political Parties, Law No. 9,096, Article 41, 41-A: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-dos-partidos-politicos/lei-dos-partidos-politicos-lei-nb0-9.096-de-19-de-setembro-de-1995 Constitution of the Federative Republic of Brazil, 1988, Article 17: https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/24
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PC017


Question:Are political parties entitled to private funding?
Answer: a. Yes
Comments: Article 38. The Special Fund for Financial Assistance to Political Parties (Party Fund) is composed of: III – donations from individuals or legal entities, made through bank deposits directly into the Party Fund account; § 5. In an election year, political parties may allocate or distribute the financial resources received from individuals and legal entities across the various elections, in accordance with the provisions of § 1 of Article 23, Article 24, and § 1 of Article 81 of Law No. 9,504, of September 30, 1997, as well as the criteria defined by their respective governing bodies and statutory regulations. Article 39. Except as provided in Article 31, political parties may receive donations from individuals and legal entities for the establishment of their funds.
Source: Law on Political Parties, Law No. 9,096, Article 38, 39: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-dos-partidos-politicos/lei-dos-partidos-politicos-lei-nb0-9.096-de-19-de-setembro-de-1995 Constitution of the Federative Republic of Brazil, 1988, Article 17: https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasi
Verified: 2024/10/24
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Vote Counting

VC004

Votes are sorted/counted at


Question:Following the close of the voting, where are the votes first sorted and counted?
Answer: a. The polling stations
Comments: ELECTRONIC VOTING SYSTEM AND THE TOTALIZATION OF VOTES Art. 59. Voting and the totalization of votes shall be done by electronic system, and the Superior Electoral Court may authorize, on an exceptional basis, the application of the rules set forth in Articles 83 to 89. Art. 61. The electronic voting machine shall count each vote, ensuring its secrecy and inviolability, with broad oversight guaranteed to political parties, coalitions, and candidates. Art. 66. § 1º All computer programs owned by the Superior Electoral Court, developed by it or on its behalf, used in electronic voting machines for the processes of voting, counting, and totalization, may have their specification and development phases monitored by technicians appointed by political parties, the Brazilian Bar Association (OAB), and the Public Prosecutor’s Office, up to six months before the elections. § 2º Once the programs referred to in § 1º are completed, they shall be presented for analysis to the accredited representatives of political parties and coalitions, up to twenty days before the elections, at the premises of the Superior Electoral Court, in the form of source programs and executable programs, including application and security systems, as well as special libraries. The private electronic keys and electronic access passwords shall remain confidential under Electoral Justice. After presentation and verification, copies of the source programs and compiled programs will be sealed. Electoral Code: Art. 184. Once the counting is completed, the board shall send to the Regional Electoral Court, within twenty-four hours, all election papers related to state or federal elections, along with the documents concerning the counting process, as well as the general minutes of their work, in which the vote counts for each party and candidate, as well as any uncounted votes, shall be recorded, with an explanation of the reasons why those votes were not counted. Art. 205. The Superior Electoral Court shall carry out the overall counting of the elections for President and Vice President of the Republic based on the results verified by the regional electoral courts in each state.
Source: Elections Law – Law No. 9.504, of September 30, 1997, Article 59, 61, 66, 83-89: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997 Electoral Code – Law No. 4.737, of July 15, 1965, Article 184, 205: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/14
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VC011

When are ballots recounted?


Question:Under what conditions are ballots recounted?
Answer(s): c. Automatically (triggered) recounted under certain conditions
d. By request
e. Court order
f. Other
Comments:
Source: Electoral Code – Law No. 4.737, of July 15, 1965, Article 179 (II §8), 180 (II), 181: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965 Elections Law – Law No. 9.504, of September 30, 1997, Article 88: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997
Verified: 2024/10/14
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Media and Elections

ME037

Criteria for allocating free broadcast time


Question:What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s): a. Equal regardless of size of party and previous performance
b. Based on number of candidates put forward in present elections
c. Based on result of previous election
Comments: Art. 47: § 2º The time reserved for advertising in each election, as per § 1, will be distributed among all parties and coalitions that have candidates, following the criteria set forth below: I – 90% (ninety percent) shall be distributed proportionally to the number of representatives in the Chamber of Deputies, considering, in the case of a coalition for the majoritarian elections, the sum of the number of representatives from the six (6) largest parties that are part of it; II – 10% (ten percent) shall be distributed equally.
Source: Elections Law – Law No. 9,504, of September 30, 1997, Article 36 - 57-J: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997
Verified: 2024/10/21
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ME059

Television debates


Question:Are televised debates between candidates or party representatives normally conducted?
Answer(s): a. Yes, in presidential elections
b. Yes, in legislative elections
Comments: Article 46. Regardless of the broadcast of free electoral advertising in the time defined by this law, it is allowed for a radio or television broadcaster to transmit debates about majoritarian or proportional elections, ensuring the participation of candidates from parties with representation in the National Congress, with at least five parliamentarians, and the participation of others is optional, subject to the following conditions...
Source: Elections Law – Law No. 9,504, of September 30, 1997, Article 36 - 57-J: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997
Verified: 2024/10/21
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ME062

Blackout period for release of opinion poll results.


Question:What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer: h. Not applicable
Comments: Art. 33. § 5º It is prohibited, during the election campaign period, to conduct surveys related to the electoral process. Article 35-A. The publication of electoral polls by any means of communication is prohibited from the fifteenth day prior to the election until 6:00 PM on election day. Electoral Code: Article 255. In the 15 (fifteen) days prior to the election, the disclosure, in any form, of results from preliminary or pre-election tests is prohibited.
Source: Elections Law – Law No. 9,504, of September 30, 1997, Article 33 (5), 35-A: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997 Electoral Code - Law No. 4,737, of July 15, 1965, Article 255: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/21
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ME080


Question:Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer: d. Not applicable
Comments: There are no specific legal provisions regulating this matter. Article 43. Paid advertising in the printed press and reproduction on the internet of the printed newspaper, up to the eve of the elections, is permitted, with up to 10 (ten) electoral advertisements per vehicle, on different dates, for each candidate, with a maximum space, per edition, of 1/8 (one-eighth) of a standard newspaper page and 1/4 (one-quarter) of a magazine or tabloid page. § 1º The advertisement must visibly state the amount paid for the insertion. Article 44. Electoral advertising on radio and television is limited to the free time defined in this law, and the broadcasting of paid advertising is prohibited.
Source: Elections Law – Law No. 9,504, of September 30, 1997, Article 36 - 57-J: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997
Verified: 2024/10/22
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Direct Democracy

DD002

Direct Democracy Provisions (National Level)


Question:Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer: a. Yes
Comments: Article 14. Popular sovereignty shall be exercised through universal suffrage and direct, secret voting, with equal value for all, and, in accordance with the law, by means of: I – plebiscite; II – referendum; III – popular initiative. Article 49. It is the exclusive competence of the National Congress: XV – to authorize referendums and convene plebiscites;
Source: Constitution of the Federative Republic of Brazil, 1988, Article 2, 14, 18 (3, 4), 27 (4), 49 (XV), 61 (2): https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil Plebiscites and Referendums: http://www.tse.jus.br/eleicoes/plebiscitos-e-referendos/plebiscito-e-referendo Law No. 9,709, of November 18, 1998: https://www.planalto.gov.br/Ccivil_03/leis/L9709.htm
Verified: 2024/10/24
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DD003

Mandatory referendums (national level)


Question:Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer: a. Yes
Comments: Article 14. Popular sovereignty shall be exercised through universal suffrage and direct, secret voting, with equal value for all, and, in accordance with the law, by means of: I – plebiscite; II – referendum; III – popular initiative. Article 49. It is the exclusive competence of the National Congress: XV – to authorize referendums and convene plebiscites;
Source: Constitution of the Federative Republic of Brazil, 1988, Article 2, 14, 18 (3, 4), 49 (XV): https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil Plebiscites and Referendums: http://www.tse.jus.br/eleicoes/plebiscitos-e-referendos/plebiscito-e-referendo Law No. 9,709, of November 18, 1998: https://www.planalto.gov.br/Ccivil_03/leis/L9709.htm
Verified: 2024/10/24
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DD004

Optional referendums (national level)


Question:Are there any Legal Provisions for Optional Referendums at the national level?
Answer: a. Yes
Comments: Brazil has legal provisions for optional referendums at the national level. Article 14. Popular sovereignty shall be exercised through universal suffrage and direct, secret voting, with equal value for all, and, in accordance with the law, by means of: I – plebiscite; II – referendum; III – popular initiative. Article 49. It is the exclusive competence of the National Congress: XV – to authorize referendums and convene plebiscites;
Source: Constitution of the Federative Republic of Brazil, 1988, Article 2, 14, 18 (3, 4), 49 (XV): https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil Plebiscites and Referendums: http://www.tse.jus.br/eleicoes/plebiscitos-e-referendos/plebiscito-e-referendo Law No. 9,709, of November 18, 1998: https://www.planalto.gov.br/Ccivil_03/leis/L9709.htm
Verified: 2024/10/24
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DD005

Citizens' Initiatives (national level)


Question:Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer: a. Yes
Comments: Brazil has legal provisions for citizen's initiatives at the national level. Article 14. Popular sovereignty shall be exercised through universal suffrage and direct, secret voting, with equal value for all, and, in accordance with the law, by means of: III – popular initiative. Article 27. § 4. The law shall provide for the popular initiative in the state legislative process. Article 29. XIII – popular initiative for bills of specific interest to the municipality, city, or neighborhoods, through the expression of support from at least five percent of the electorate; Article 61. § 2. The popular initiative may be exercised by presenting to the Chamber of Deputies a bill signed by at least one percent of the national electorate, distributed across at least five states, with no less than three-tenths of one percent of voters in each state.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 14, 18 (3, 4), 27 (4), 29 (XIII), 49 (XV), 61 (2): https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil Plebiscites and Referendums: http://www.tse.jus.br/eleicoes/plebiscitos-e-referendos/plebiscito-e-referendo Law No. 9,709, of November 18, 1998: https://www.planalto.gov.br/Ccivil_03/leis/L9709.htm
Verified: 2024/10/24
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DD006

Agenda Initiatives (national level)


Question:Are there any Legal Provisions for Agenda Initiatives at national level?
Answer: a. Yes
Comments: Article 29. XIII – popular initiative for bills of specific interest to the municipality, city, or neighborhoods, through the expression of support from at least five percent of the electorate; Article 61. § 2. The popular initiative may be exercised by presenting to the Chamber of Deputies a bill signed by at least one percent of the national electorate, distributed across at least five states, with no less than three-tenths of one percent of voters in each state.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 29 (XIII), 61 (2): https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil Plebiscites and Referendums: http://www.tse.jus.br/eleicoes/plebiscitos-e-referendos/plebiscito-e-referendo Law No. 9,709, of November 18, 1998: https://www.planalto.gov.br/Ccivil_03/leis/L9709.htm
Verified: 2024/10/24
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DD007


Question:Are there any Legal Provisions for Recalls at national level?
Answer: a. Yes
Comments: Brazil has legal provisions for recall elections at the national level.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 14: https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil Law on Elections, Law No. 9,504, September 30, 1997: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997 Electoral Code, Law No. 4,737/1965: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/24
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DD129


Question:Are the results of referenda always binding, never binding or sometimes binding?
Answer: a. Always binding
Comments: Law No. 9,709, of November 18, 1998: Article 2. Plebiscites and referendums are consultations put to the people to deliberate on matters of significant relevance, of a constitutional, legislative, or administrative nature. § 1. The plebiscite is convened prior to a legislative or administrative act, allowing the people, through voting, to approve or deny what has been submitted to them. § 2. The referendum is convened after a legislative or administrative act, and it is the responsibility of the people to ratify or reject it.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 14, 49: https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil Law on Elections, Law No. 9,504/1997: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997 Law No. 9,709, of November 18, 1998: https://www.planalto.gov.br/Ccivil_03/leis/L9709.htm Plebiscite and Referendum: https://www.tse.jus.br/eleicoes/plebiscitos-e-referendos
Verified: 2024/10/25
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DD130


Question:Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer: c. Both constitutional and other issues
Comments: In Brazil, referendums can address both constitutional and other significant issues. They are used to decide on matters of constitutional relevance, legislative proposals, or administrative decisions. Plebiscite and referendum are consultations to the people to decide on matters of relevance to the nation in constitutional, legislative, or administrative issues. (Source: Plebiscite and Referendum)
Source: Constitution of the Federative Republic of Brazil, 1988, Article 14, 49: https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil Law No. 9,709, of November 18, 1998: https://www.planalto.gov.br/Ccivil_03/leis/L9709.htm Plebiscite and Referendum: https://www.tse.jus.br/eleicoes/plebiscitos-e-referendos
Verified: 2024/10/25
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DD131


Question:Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer: a. Yes
Comments: Brazil allows for direct democracy at sub-national levels, including regional and local levels. The plebiscite and the referendum are called by legislative decree. In other matters, under the jurisdiction of states, the Federal District, and municipalities, the plebiscite and the referendum will be called in accordance with the respective state constitution and the Organic Law. (Source: Plebiscite and Referendum) Constitution: Article 14. Popular sovereignty shall be exercised through universal suffrage and direct and secret voting, with equal value for all, and, in accordance with the law, through: I – plebiscite; II – referendum; III – popular initiative. Article 18. The political-administrative organization of the Federative Republic of Brazil comprises the Union, the states, the Federal District, and the municipalities, all autonomous, according to this Constitution. § 3. States may incorporate themselves with one another, subdivide, or dismember to annex to others, or form new states or federal territories, subject to approval by the directly interested population through a plebiscite, and by the National Congress, through a complementary law. § 4. The creation, incorporation, merging, and dismemberment of municipalities shall be done by state law, within the period determined by federal complementary law, and shall depend on prior consultation, through a plebiscite, of the populations of the municipalities involved, after the publication of the Municipal Viability Studies, presented and published in accordance with the law. Article 29. XIII – popular initiative for bills of specific interest to the municipality, city, or neighborhoods, through a manifestation of at least five percent of the electorate;
Source: Constitution of the Federative Republic of Brazil, 1988, Article 14, 18(3, 4), 29 (XIII), 49: https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil Law No. 9,709, of November 18, 1998: https://www.planalto.gov.br/Ccivil_03/leis/L9709.htm Plebiscite and Referendum: https://www.tse.jus.br/eleicoes/plebiscitos-e-referendos
Verified: 2024/10/25
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Voting Operations

VO003

Electors vote at


Question:Where can electors vote?
Answer(s): a. At a specified polling station in the locality where they are registered at national elections
Comments: Art. 148 The voter may only vote in the polling station where their name is registered. § 1 This requirement may only be waived in the cases provided for in Article 145 and its paragraphs.
Source: Electoral Code, Law No. 4737, of July 15, 1965, Article 145, 148: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/12
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VO004

Voting outside the country is permitted for


Question:Who can vote from outside the country?
Answer(s): b. Citizens residing outside the country
Comments: Art. 225 In the elections for president and vice-president of the Republic, a voter who is abroad may vote. § 1 For this purpose, polling stations will be organized at the embassies and consulates-general. § 2 If it is necessary to set up two or more polling stations, a location where a Brazilian government service is operating may be used. Art. 228 Up to 30 (thirty) days before the election, all Brazilian voters residing abroad must notify the Diplomatic Mission or Consulate-General of their voter status and residence, by letter, telegram, or any other means. § 1 With the list of these notifications and the data from the consular registration, the voting rolls will be prepared, and the voters will be notified of the time and location of the vote. § 2 On the day of the election, only those listed on the voting roll will be allowed to vote, along with passengers and crew members of warships and merchant ships and aircraft who are at the polling station on that day. Art. 231 Anyone who, being obligated to vote, fails to do so will be subject, in addition to the penalties provided for voters who do not vote within the national territory, to the prohibition of requesting any document from the diplomatic office to which they are assigned, until they provide justification.
Source: Electoral Code, Law No. 4737, of July 15, 1965, Article 225, 228, 231: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/12
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VO005

Locations for voting outside of the country


Question:If voting outside the country is permitted, at what places?
Answer(s): a. Embassies
b. Consulates
c. Special polling stations
Comments: All Brazilians living abroad who are over 18 years old – with the exception of those over 70 years old and illiterates – are required to vote only in the elections for president and vice-president of the Republic. Art. 225 In the elections for president and vice-president of the Republic, a voter who is abroad may vote. § 1 For this purpose, polling stations will be organized at the embassies and consulates-general. § 2 If it is necessary to set up two or more polling stations, a location where a Brazilian government service is operating may be used.
Source: Official Website of the Supreme Electoral Tribunal: https://www.tse.jus.br/servicos-eleitorais/eleitorado-no-exterior https://www.tse.jus.br/comunicacao/noticias/2024/Fevereiro/eleitor-que-mora-fora-do-pais-vota-nas-eleicoes-municipais Electoral Code, Law No. 4737, of July 15, 1965, Article 225: https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
Verified: 2024/10/12
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VO011

Voting method


Question:How do electors cast their votes?
Answer(s): d. Electronic voting machine
Comments: Art. 59 Voting and the totalization of votes will be done by electronic system, with the Superior Electoral Court being able to authorize, in exceptional cases, the application of the rules established in Articles 83 to 89. § 1 Electronic voting will be done by entering the number of the candidate or the party acronym, and the candidate's name and photograph, as well as the party name or party acronym, must appear on the electronic voting machine display, with the title of the position being contested shown in either the masculine or feminine form, as applicable.
Source: Elections Law – Law No. 9,504, of September 30, 1997, Articles 59: https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997
Verified: 2024/10/12
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