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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
BD002
Question: The authority responsible for final approval of the constituency boundaries is:
Answer(s):
e . Not applicable
Comments:
Source: Electoral Code, Law No. 4737/1965 Article 86, 117:
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
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
BD004
Question: If population is a criterion, which population figure is used?
Answer:
g . Not applicable
Comments:
Source: Electoral Code, Law No. 4737/1965, Article 86, 117:
https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
RESOLUTION No. 23,422, of May 6, 2014:
https://www.tse.jus.br/legislacao/compilada/res/2014/resolucao-no-23-422-de-6-de-maio-de-2014
Verified: 2024/10/11
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
BD006
Question: What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
Answer(s):
m . Not applicable
Comments:
Source: Electoral Code, Law No. 4737/1965 Article 86, 117:
https://www.tse.jus.br/legislacao/codigo-eleitoral/codigo-eleitoral-1/codigo-eleitoral-lei-nb0-4.737-de-15-de-julho-de-1965
RESOLUTION No. 23,422, of May 6, 2014:
https://www.tse.jus.br/legislacao/compilada/res/2014/resolucao-no-23-422-de-6-de-maio-de-2014
Verified: 2024/10/11
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
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
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
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
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
ES006
Question: What is the electoral system for Chamber 2 of the national legislature?
Answer(s):
a . Plurality (FPTP)
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
ES007
Question: If List PR is used, is a highest average formula used?
Answer:
h . Not applicable
Comments:
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 106-113:
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
ES008
Question: What is the level at which seats are distributed in Chamber 1?
Answer(s):
b . Specially delimited constituencies
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.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 45:
https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/22
ES009
Question: What is the level at which seats are distributed in Chamber 2?
Answer(s):
b . Specially delimited constituencies
Comments: 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.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 46:
https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/22
ES010
Question: Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
Answer:
b . No
Comments: There are no special constituencies or reserved seats in the Chamber of Deputies.
Source: Supremo Tribunal Eleitoral (TSE) - Superior Electoral Court
Verified: 2024/10/22
ES012
Question: Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
Answer:
b . No
Comments: The Brazilian Federal Senate, there are also no special constituencies or reserved seats for specific groups.
Source: Supremo Tribunal Eleitoral (TSE) - Superior Electoral Court
Verified: 2024/10/22
ES014
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
Answer:
a . No minimum
Comments: Article 84:
Elections for the Chamber of Deputies, legislative assemblies, and municipal chambers shall adhere to the principle of proportional representation as established by this law.
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 84, 106-113:
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
ES015
Question: What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
Answer:
a . No minimum
Comments: Article 83:
In direct elections for the Federal Senate, for mayor, and for vice mayor, the majority principle shall be adopted.
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 83, 106-113:
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
ES016
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
Answer:
c . Not applicable
Comments: Article 84:
Elections for the Chamber of Deputies, legislative assemblies, and municipal chambers shall adhere to the principle of proportional representation as established by this law.
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 84, 106-113:
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
ES017
Question: What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
Answer:
c . Not applicable
Comments: Article 83:
In direct elections for the Federal Senate, for mayor, and for vice mayor, the majority principle shall be adopted.
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 84, 106-113:
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
ES018
Question: Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length)
Comments: Electoral Code:
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.
Constitution:
Article 77:
The election of the President and Vice President of the Republic shall 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.
Law on Elections:
Article 1:
Elections for the President and Vice President of the Republic, governors and vice governors of the states and the Federal District, mayors and vice mayors, senators, federal deputies, state deputies, district deputies, and councilors shall be held throughout the country on the first Sunday of October of the respective year.
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 85:
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 77:
https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Law on Elections No. 9,504, 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
Verified: 2024/10/23
ES019
Question: Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
Answer(s):
a . At fixed intervals (specify length)
Comments: Electoral Code:
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.
Constitution:
Article 77:
The election of the President and Vice President of the Republic shall 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.
Law on Elections:
Article 1:
Elections for the President and Vice President of the Republic, governors and vice governors of the states and the Federal District, mayors and vice mayors, senators, federal deputies, state deputies, district deputies, and councilors shall be held throughout the country on the first Sunday of October of the respective year.
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 85:
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 77:
https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Law No. 9,504, 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
Verified: 2024/10/23
ES020
Question: Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments: Electoral Code:
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.
Constitution:
Article 77:
The election of the President and Vice President of the Republic shall 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.
Law on Elections:
Article 1:
Elections for the President and Vice President of the Republic, governors and vice governors of the states and the Federal District, mayors and vice mayors, senators, federal deputies, state deputies, district deputies, and councilors shall be held throughout the country on the first Sunday of October of the respective year.
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 85:
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 77:
https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Law No. 9,504, 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
Verified: 2024/10/23
ES021
Question: Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
Answer:
a . Voting takes place on one day
Comments: Electoral Code:
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.
Constitution:
Article 77:
The election of the President and Vice President of the Republic shall 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.
Law on Elections:
Article 1:
Elections for the President and Vice President of the Republic, governors and vice governors of the states and the Federal District, mayors and vice mayors, senators, federal deputies, state deputies, district deputies, and councilors shall be held throughout the country on the first Sunday of October of the respective year.
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 85:
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 77:
https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Law No. 9,504, 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
Verified: 2024/10/23
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
LF002
Question: What is the date of the latest version of the national electoral law (including latest amendments)?
Answer:
e . January 1960- December 1969
Comments:
Source: 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
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
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
LF005
Question: Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
Answer:
c . National elections are held on the same day as regional elections only
Comments:
The Brazilian Electoral Code does permit the simultaneous scheduling of elections for various levels of government, including national, regional, and local elections, when it is deemed suitable.
Electoral Code:
Article 85. The election for federal deputies, senators and their substitutes, 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 28, 29, 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 85:
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
Verified: 2024/10/18
LF006
Question: Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
Answer(s):
b . Presidential elections are held on the same day as national legislative elections
Comments:
The Brazilian Electoral Code does permit the simultaneous scheduling of elections for various levels of government, including national, regional, and local elections, when it is deemed suitable.
Electoral Code:
Article 85. The election for federal deputies, senators and their substitutes, 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 28, 29, 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 85:
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
Verified: 2024/10/18
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
LF008
Question: If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
Answer(s):
a . President c . Judiciary
Comments: The TSE is composed of judicial authorities. Their appointments involve a process involving the President of Brazil (for STF justices), the Supreme Federal Court, and the Supreme Court of Justice (STJ). It is not directly elected by the people or political parties.
Source: Superior Electoral Court (TSE):
https://international.tse.jus.br/en
Verified: 2024/10/18
LF009
Question: Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
Answer(s):
a . Candidates b . Parties
Comments:
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 169:
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 66 (3), 69, 71, 92:
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: 2024/10/18
LF010
Question: What body(ies) is the final appellate authority for formal electoral disputes?
Answer(s):
b . Constitutional (or similar) Court c . Superior Court
Comments: The Superior Electoral Court (Tribunal Superior Eleitoral - TSE) is the final appellate authority for formal electoral disputes. The TSE is responsible for overseeing the entire electoral process, including resolving disputes related to elections at all levels (municipal, state, and federal).
Source: Constitution of the Federative Republic of Brazil, 1988, Article 118, 119, 120:
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 22, 23, 29, 30:
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
LF011
Question: Which body(ies) proposes electoral reforms?
Answer(s):
b . Legislative Committee c . Government f . Other
Comments: Other: Executive.
In Brazil, electoral reforms are primarily proposed by the Legislature, specifically by members of the National Congress, which consists of the Chamber of Deputies and the Federal Senate.
Government: The Executive Branch (the President and the Ministry of Justice, through the Electoral Secretariat) may also propose electoral reforms, but these proposals must be approved by Congress to become law.
Specially Appointed Committee: In certain cases, special committees within Congress, or temporary parliamentary commissions, may be appointed to study and recommend electoral reforms, but they still require the approval of the Legislature.
The Election Management Body (TSE) does not propose reforms directly but may provide technical recommendations and insights to the legislature based on its experiences in administering elections.
Art. 45:
The Chamber of Deputies shall be composed of representatives of the people, elected by proportional representation, in each state and the Federal District, as prescribed by law.
§ 1ºThe number of Deputies shall be fixed by complementary law, according to the population of each state, the Federal District, and the Territories, observing the principle of proportionality.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 14, 16, 45 (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 1, 2 ,3:
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
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
EM003
Question: The national electoral management body reports to:
Answer(s):
f . Other
Comments: The judiciary.
Article 92:
The following are bodies of the Judiciary:
V – the electoral courts and judges.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 92 (V):
https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/23
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
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
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
EM007
Question: The national electoral management body chairperson, or equivalent, is chosen in the following way:
Answer(s):
a . Elected (specify by whom) d . Presidential/ Prime Minister appointment
Comments: Article 119:
The Superior Electoral Court shall be composed of at least seven members, chosen:
I – by election, through secret ballot;
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 corregedor 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 17:
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
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
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
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
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
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
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
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
VE004
Question: What types of voter education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement c . Simulation exercises e . Public meetings g . Internet h . Other
Comments: Also, handouts (printed material).
Source: Superior Electoral Court (TSE):
https://international.tse.jus.br/en
Verified: 2024/10/15
VE005
Question: What types of civic education activities were carried out at the most recent national elections?
Answer(s):
a . Poster/ Billboard campaigns b . Media advertisement c . Simulation exercises e . Public meetings g . Internet h . Handouts (printed material) j . Other
Comments:
Source: Superior Electoral Court (TSE):
https://international.tse.jus.br/en
Verified: 2024/10/15
VE006
Question: Special voter education programs were developed at the most recent national elections for:
Answer(s):
a . Disabled b . Young people/ first time voters c . Women d . Ethnic minorities e . Indigenous groups f . Illiterates g . Other
Comments:
Source: Superior Electoral Court (TSE):
https://international.tse.jus.br/en
Verified: 2024/10/15
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
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
VR003
Question: What restrictions on registering to vote and voting exist in the country?
Answer(s):
a . Criminal Incarceration c . Detention e . Military Service h . Other
Comments:
Source: Constitution of the Federative Republic of Brazil, Article 14 (2,4,7,9), 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 5, 6:
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
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
VR005
Question: What is the registration method for national elections?
Answer:
a . National citizens register
Comments: Article 4.
Electors are Brazilians over 18 years of age who register in accordance with the law.
Article 8.
A native-born Brazilian who fails to register by the age of nineteen, or a naturalized Brazilian who fails to register within one year after acquiring Brazilian nationality, will incur a fine of three to ten percent of the minimum wage in the region, imposed by the judge and collected at the time of voter registration through a federal stamp invalidated on the application itself.
Source: Electoral Code - Law No. 4,737, of July 15, 1965, Article 4, 6, 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
VR007
Question: What methods are used to compile and update the voters register?
Answer(s):
c . Links for applications for government services h . Mobile election registrar i . Internet registration
Comments:
Source:
Verified: 2024/10/16
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
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
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
f . Other
Comments: 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 the following principles are observed:
I – national character;
II – prohibition on receiving financial resources from foreign entities or governments, or subordination to them;
III – accountability to the Electoral Justice;
IV – parliamentary functioning in accordance with the law.
Electoral Code:
Article 83:
In direct elections for the Federal Senate, for mayor, and for vice mayor, the majority principle shall be adopted.
Source: 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
Electoral Code - Law No. 4,737, of July 15, 1965, Article 83:
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
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
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
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: 2024/10/24
PC005
Question: What are the legal qualifications for becoming a candidate at presidential elections?
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: 2024/10/24
PC006
Question: What can disqualify a candidate at legislative elections?
Answer(s):
a . Current criminal incarceration b . Detention c . Criminal record e . Offences against electoral law o . Other
Comments: The Law of Ineligibility, Law No. 64, dated May 18, 1990, establishes rules regarding the ineligibility of individuals to hold public office in Brazil. Additionally, there are other documents outlining the grounds for disqualifying candidates.
For instance, those who are ineligible include the unregistered, the illiterate and so on.
Source: Law on Inelegibility, Law No. 64, May 18, 1990, Article 1:
https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-de-inelegibilidade/lei-de-inelegibilidade-lei-complementar-nb0-64-de-18-de-maio-de-1990
Constitution of the Federative Republic of Brazil, 1988, Article 12 (2,3), 14 (2, 3, 4, 6, 7, 9), 15:
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 11 (5,10), 14:
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: 2024/10/24
PC007
Question: What can disqualify a candidate at presidential elections?
Answer(s):
a . Current criminal incarceration b . Detention c . Criminal record d . Naturalization e . Offences against electoral law p . Other
Comments: The Law of Ineligibility, Law No. 64, dated May 18, 1990, establishes rules regarding the ineligibility of individuals to hold public office in Brazil. Additionally, there are other documents outlining the grounds for disqualifying candidates.
For instance, those who are ineligible include the unregistered, the illiterate, those not natural-born Brazilians and so on.
Source: Law on Inelegibility, Law No. 64, May 18, 1990, Article 1:
https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-de-inelegibilidade/lei-de-inelegibilidade-lei-complementar-nb0-64-de-18-de-maio-de-1990
Constitution of the Federative Republic of Brazil, 1988, Article 12 (2,3), 14 (2, 3, 4, 6, 7, 9), 15:
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 11 (5,10), 14:
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: 2024/10/24
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
PC009
Question: If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
Answer(s):
e . Not applicable
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
PC010
Question: If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
Answer(s):
e . Not applicable
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
PC011
Question: If independent candidates can compete in presidential elections, what are the registration requirements?
Answer(s):
e . Not Applicable
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
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
PC013
Question: If political parties receive direct/indirect public funding, when do they receive this?
Answer(s):
c . As related to the election period and between elections
Comments: Law on Political Parties:
Article 32. The party is required to submit, annually, to the Electoral Court, the accounting balance for the previous fiscal year, by June 30 of the following year.
Article 39. Except as provided in Article 31, political parties may receive donations from individuals and legal entities for the establishment of their funds.
§ 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.
Source: Law on Political Parties, Law No. 9,096, Article 7, 30, 31, 32, 38, 39, 40:
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
Law on Elections, Law No. 9,504, September 30, 1997, Article 23, 24:
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 17:
https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/24
PC014
Question: If political parties receive indirect public funding, identify the type of funding:
Answer(s):
a . Free media access d . Other
Comments: Article 7:
§ 2. Only the party that has registered its statutes with the Superior Electoral Court may participate in the electoral process, receive resources from the Party Fund, and access free broadcasting on radio and television, in accordance with the terms set forth in this law.
Article 39. Except as provided in Article 31, political parties may receive donations from individuals and legal entities for the establishment of their funds.
§ 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.
Source: Law on Political Parties, Law No. 9,096, Article 7, 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
Verified: 2024/10/24
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
PC016
Question: If political parties receive public funding, what is the specified purpose?
Answer(s):
a . General party administration b . Election campaign activities
Comments: Article 44. Resources from the Party Fund shall be applied as follows:
I – for the maintenance of the party's headquarters and services, allowing for the payment of personnel in any capacity, with the following limits based on the total received:
a) 50% (fifty percent) for the national body;
b) 60% (sixty percent) for each state and municipal body;
II – for doctrinal and political propaganda;
III – for voter registration and electoral campaigns;
IV – for the creation and maintenance of research institutes or foundations for political education and indoctrination, with this application being at least twenty percent of the total received;
V – for the creation and maintenance of programs to promote and disseminate the political participation of women, created and executed by the women's department or, at the party's discretion, by an institute with its own legal personality headed by the women's secretary, at the national level, in accordance with a percentage to be set by the national party leadership body, with a minimum of 5% (five percent) of the total.
VI / VII / VII / VIII / X / XI
Law on Elections:
Article 26. The following are considered electoral expenses, subject to registration and the limits established in this law...
Source: Law on Political Parties, Law No. 9,096, Article 44:
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
Law on Elections, Law No. 9,504, September 30, 1997, Article 26:
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: 2024/10/24
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
PC018
Question: If political parties are entitled to private funding, for what period?
Answer(s):
c . As related to the election period and between elections
Comments:
Source: Law on Elections, Law No. 9,504, September 30, 1997, Article 23:
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 31, 32, 33:
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: 2024/10/24
PC019
Question: Which of the following party financing provisions are applicable?
Answer(s):
a . Public disclosure of party contributions received b . Public disclosure of party expenditure c . Prohibition on party funding from foreign sources d . Ceilings on how much money a party can raise e . Ceilings on party election expenses f . Electronic reporting of party expenses g . Electronic reporting of party contributions received h . Publication or public access to contribution and / or expenditure reports i . Other
Comments:
Source: Law on Elections, Law No. 9,504, September 30, 1997, Article 18, 22, 24, 26, 28:
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 30-35, 34, 37:
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: 2024/10/24
PC020
Question: Which of the following candidate financing provisions are applicable?
Answer(s):
a . Public disclosure of candidate contributions received b . Public disclosure of candidate expenditure c . Prohibition on candidate funding from foreign sources d . Ceilings on how much money a candidate can raise e . Ceilings on candidate election expenses f . Electronic reporting of candidate expenses g . Electronic reporting of candidate contributions received h . Publication or public access to contribution and / or expenditure reports i . Other
Comments:
Source: Law on Elections, Law No. 9,504, September 30, 1997, Article 18, 22, 24, 26, 28:
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 30-35, 34, 37:
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: 2024/10/24
PC021
Question: Who is responsible for administering and enforcing party income/funding regulations at national level?
Answer(s):
a . National Electoral Management body
Comments: In Brazil, the Superior Electoral Court (Tribunal Superior Eleitoral - TSE) is responsible for administering and enforcing party income and funding regulations at the national level.
Law on Political Parties:
Article 32. The party is required to submit, annually, to the Electoral Court, the accounting balance for the previous fiscal year, by June 30 of the following year.
Article 34. The Electoral Court exercises oversight over the financial statements of the party and the expenses of electoral campaigns, ensuring that they accurately reflect the actual financial transactions, expenditures, and resources applied in the electoral campaigns, requiring compliance with the following standards:
Law on Elections:
Article 28. The financial statements shall be made...
Article 29. Upon receiving the financial statements and other information from candidates in majoritarian elections and from candidates in proportional elections who choose to report through them, the committees must...
Article 30. The Electoral Court will verify the regularity of the campaign accounts, deciding...
Source: Law on Political Parties, Law No. 9,096, Article 32, 34, 35, 37:
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
Law on Elections, Law No. 9,504, September 30, 1997, Article 28, 29, 30:
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: 2024/10/24
Vote Counting
VC001
Question: What are the characteristics of ballots used at national legislative elections (Chamber 1)?
Answer(s):
c . Write-in ballot d . Categorical (only one mark allowed) f . Same ballot papers used nationwide h . Party symbols in color j . Candidate photos in color n . Random listing (lottery) o . Ballots signed or otherwise authenticated by polling station official r . Other
Comments: In Brazil, there is an electronic voting system for elections.
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.
§ 1º The electronic voting shall be done by the candidate's number or the party's label, with the candidate's name and photo, as well as the party's name or the party's label, appearing on the electronic voting machine's display, along with the designation of the contested office in the masculine or feminine form, as applicable.
Source: Elections Law – Law No. 9.504, of September 30, 1997, Article 59, 60, 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
Verified: 2024/10/14
VC002
Question: What are the characteristics of ballots used at national legislative elections (Chamber 2)?
Answer(s):
c . Write-in ballot d . Categorical (only one mark allowed) f . Same ballot papers used nationwide h . Party symbols in color j . Candidate photos in color n . Random listing (lottery) o . Ballots signed or otherwise authenticated by polling station official r . Other
Comments: In Brazil, there is an electronic voting system for elections.
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.
§ 1º The electronic voting shall be done by the candidate's number or the party's label, with the candidate's name and photo, as well as the party's name or the party's label, appearing on the electronic voting machine's display, along with the designation of the contested office in the masculine or feminine form, as applicable.
Source: Elections Law – Law No. 9.504, of September 30, 1997, Article 59, 60, 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
Verified: 2024/10/14
VC003
Question: What are the characteristics of ballots used at presidential elections?
Answer(s):
c . Write-in ballot d . Categorical (only possible to make one mark) f . Same ballot papers used nation-wide h . Party symbols in color j . Candidate photos in color n . Random listing (lottery) o . Ballots signed or otherwise authenticated by polling station officials r . Other
Comments: In Brazil, there is an electronic voting system for elections.
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.
§ 1º The electronic voting shall be done by the candidate's number or the party's label, with the candidate's name and photo, as well as the party's name or the party's label, appearing on the electronic voting machine's display, along with the designation of the contested office in the masculine or feminine form, as applicable.
Source: Elections Law – Law No. 9.504, of September 30, 1997, Article 59, 60, 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
Verified: 2024/10/14
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
VC005
Question: What procedures are used in the initial count?
Answer(s):
c . Tally of voters who voted f . Each ballot paper held up for public scrutiny, with name of party/candidate called out loud k . Counted by machine o . Data fed into computer for calculation p . Copies of results of the count are publicly posted at the counting site immediately on the completion of the count s . Copies of results are provided to party agents t . Other
Comments:
Source: Electoral Code – Law No. 4.737, of July 15, 1965, Article 161, 162, 166, 169, 173, 174, 176, 177, 179:
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 59, 61, 66, 67, 68, 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
Verified: 2024/10/14
VC006
Question: Following the sorting and counting, to where are the results first transmitted for consolidation?
Answer(s):
a . Polling centre (several polling stations in same building) d . Regional level (specify whether it is constituency/ province/ state/ department/other) e . National level
Comments:
Source: 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
VC007
Question: At what levels are seats allocated?
Answer(s):
c . Regional level (specify whether it is constituency/ province/ state/ department/other)
Comments: Art. 45. The Chamber of Deputies is composed of representatives of the people, elected by the 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 the Federal District, shall be established by complementary law, proportionally to the population, with the necessary adjustments made in the year prior to the elections, so that no unit of the Federation has fewer than eight or more than seventy deputies.
§ 2º Each territory shall elect four deputies.
Art. 46. The Federal Senate is composed of representatives from 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 substitutes.
Source: Constitution of the Federative Republic of Brazil, 1988, Article 45, 46:
https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Verified: 2024/10/14
VC008
Question: How are the initial/preliminary polling results transmitted and communicated to the different levels?
Answer(s):
a . Physically transported f . By computer h . Other
Comments: 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.
§ 1º This dispatch shall be made in a sealed envelope, closed and signed by the members of the board, party delegates, and party monitors, either by mail or under protocol, depending on which method ensures the fastest and safest delivery to its destination.
Source: Electoral Code – Law No. 4.737, of July 15, 1965, Article 184 (1):
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
VC009
Question: If the polling results are physically transported, what is transported?
Answer(s):
a . Ballots f . Certificate of result g . Ballot boxes
Comments: Art. 183. Once the counting is completed, and before moving on to the next, the ballots shall be collected into the ballot box, which shall be closed and sealed. It may not be reopened except after the certification of the election is final, except in cases of a recount.
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. 194. After the minutes are drawn up, which must be signed by the members of the board and the party monitors and delegates, the ballots and the envelopes shall be collected into the ballot box, which shall be closed, sealed, and delivered to the electoral judge by the board president or one of the poll workers, with a receipt issued.
Source: Electoral Code – Law No. 4.737, of July 15, 1965, Article 183, 184, 194:
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
VC010
Question: If the polling results are physically transported, what security measures are used?
Answer(s):
b . Tamper proof bags c . Signatures on sealed envelopes d . Transported in boxes sealed with numbered seals f . Accompanied by party representatives g . Accompanied by military personnel h . Accompanied by police or other security personnel i . Accompanied by observers
Comments: Art. 183. Once the counting is completed, and before moving on to the next, the ballots shall be collected into the ballot box, which shall be closed and sealed. It may not be reopened except after the certification of the election is final, except in cases of a recount.
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.
§ 1º This dispatch shall be made in a sealed envelope, closed and signed by the members of the board, party delegates, and party monitors, either by mail or under protocol, depending on which method ensures the fastest and safest delivery to its destination.
Art 194.
§ 2º Party monitors and delegates may observe and accompany the ballot box from the moment of the election, during its stay at the collection points, and until its delivery to the board.
Source: Electoral Code – Law No. 4.737, of July 15, 1965, Article 183, 184, 194(2):
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
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
VC012
Question: If automatically recounted, what is the trigger?
Answer:
d . 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
VC013
Question: If ballots are recounted by request, who can make the request?
Answer(s):
a . Political parties b . An individual candidate c . Election officials d . Domestic observers
Comments: Art. 169. As the votes are being counted, party monitors and delegates, as well as the candidates, may present objections, which will be decided immediately by the board
Elections Law:
Art. 71. It is the responsibility of the parties and coalitions, through their properly accredited monitors and delegates, and the candidates, to provide the necessary documentation for the appeals filed against the counting process, attaching a copy of the report related to the contested ballot box.
Source: Electoral Code – Law No. 4.737, of July 15, 1965, Article 169:
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 71:
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
VC014
Question: If recounted, who conducts the recount?
Answer(s):
a . National Election Management body b . Regional Election Management body c . Local Election Management body h . Courts
Comments: Art. 179. § 8º If the report presented in the objection shows a different result, whether or not it matches the one in the map sent by the board, the ballot box will be requisitioned and recounted by the Regional Court itself, in a session.
Art. 180. II – Once the report is presented, the provisions of §§ 7 and 8 of the previous article must be observed, and the recount must be carried out by the board itself.
Art. 181. Except in the cases mentioned in the previous articles, the recount of votes may only be granted by the regional courts, in an appeal filed immediately after the counting of each ballot box.
Source: Electoral Code – Law No. 4.737, of July 15, 1965, Article 179(8), 180(II), 181, 260, 261:
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 66 (3), 69:
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
VC015
Question: Are preliminary results announced?
Answer:
a . Yes
Comments: Art. 179. § 3º One copy of the results report will be immediately posted at the board's headquarters, in a location where it can be copied by anyone.
§ 4º A certified copy of the results report will be handed to each party through the delegate or monitor present, upon receipt.
Source: Electoral Code – Law No. 4.737, of July 15, 1965, Article 179 (3,4):
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
VC016
If preliminary results are announced, how long after the close of polls is this done?
Same day the election takes place.
Art. 179. § 3º One copy of the results report will be immediately posted at the board's headquarters, in a location where it can be copied by anyone.
Source
Electoral Code – Law No. 4.737, of July 15, 1965, Article 179 (3):
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
VC017
Question: Is there a legal requirement for the declaration of the officially certified results?
Answer:
a . Yes
Comments: Art. 179(I, II 1-9) and Art. 180 (I, II).
Source: Electoral Code – Law No. 4.737, of July 15, 1965, Article 179 (I, II 1-9), 180 (I, II):
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
VC018
Question: How long after the close of polls is the certified results publicly announced? (if there is no legal requirement enter the average time)
Answer:
a . hours:
Comments: Same day the election takes place.
Art. 179. § 3º One copy of the results report will be immediately posted at the board's headquarters, in a location where it can be copied by anyone.
Source: Electoral Code – Law No. 4.737, of July 15, 1965, Article 179 (3):
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
Media and Elections
ME002
Question: Which of the following types of radio stations are present at a national level in your country?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2024/10/21
ME003
Question: Which of the following types of television stations are present at a national level in your country?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2024/10/21
ME004
Question: Which of the following types of daily and weekly newspapers are present at a national level in your country?
Answer(s):
a . Publicly owned c . Privately owned
Comments:
Source:
Verified: 2024/10/21
ME005
Question: Which of the following do you believe best describes the print media situation at the national level in your country?
Answer:
d . No government newspaper: competition between two or more major private newspapers
Comments:
Source:
Verified: 2024/10/21
ME006
Question: What proportion of the population can receive transmissions of the national level programming of private radio stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2024/10/21
ME008
Question: What proportion of the population can receive transmissions of the national level programming of private television stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2024/10/21
ME009
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
a . Public radio b . Private radio c . Public television d . Private television e . Print media
Comments:
Source:
Verified: 2024/10/21
ME014
Question: What proportion of the population can receive transmissions of the national level programming of the public television stations?
Answer:
a . Over 60%
Comments:
Source:
Verified: 2024/10/21
ME015
Question: What proportion of the population can receive transmissions of the national level programming of the national level programming of the public radio stations?
Answer:
a . Over 60 %
Comments:
Source:
Verified: 2024/10/21
ME016
Question: In your opinion, upon which types of media at national level in your country do citizens most rely as a source of information? Mark the most important source with 1, and the second most important source with 2:
Answer(s):
a . Public radio c . Private radio d . Public television f . Private television g . Print media h . Other (specify)
Comments:
Source:
Verified: 2024/10/21
ME017
Question: In your opinion, which of the following types of media in your country have a public reputation for being independent?
Answer(s):
a . Public radio b . Private radio c . Public television d . Private television e . Print media
Comments:
Source:
Verified: 2024/10/21
ME020
Question: Who grants licenses/frequencies to private broadcasters?
Answer:
a . Government
Comments:
Source:
Verified: 2024/10/21
ME021
Question: Who is allowed to hold broadcasting licenses?
Answer(s):
a . Political parties b . Private companies c . Non governmental organisations d . Foreigners e . Government departments f . State owned companies g . Other
Comments: There are legal restrictions for political parties and government entities.
Source:
Verified: 2024/10/21
ME023
Question: Are any journalists currently imprisoned or facing criminal charges for exercising their profession?
Answer:
b . No
Comments:
Source:
Verified: 2024/10/21
ME024
Question: What legal instruments are used to regulate media coverage of elections?
Answer(s):
a . Law b . Secondary legislation (e.g. regulations)
Comments:
Source:
Verified: 2024/10/21
ME025
Question: Which of the following bodies or agencies has a responsibility in the regulation of media coverage of elections?
Answer(s):
d . Legislature e . Judiciary g . EMB by law or regulations
Comments: Tribunal Superior Eleitoral (TSE) - Superior Electoral Court.
Source:
Verified: 2024/10/21
ME026
Question: What form does the responsibility, if any, of the EMB to regulate media coverage of elections take?
Answer(s):
a . Placing limits on what the media may report about an election b . Requiring balance in media news coverage of an election c . Placing limits on when the media may report about an election d . Other (specify)
Comments:
Source:
Verified: 2024/10/21
ME027
Question: Does the EMB monitor media coverage of elections?
Answer:
a . Yes
Comments:
Source:
Verified: 2024/10/21
ME028
Question: What form does the authority, if any, of the EMB to enforce remedies or sanctions against the media in case of breach of the rules on media coverage of elections take?
Answer(s):
a . Enforcement of a right of reply, correction or retraction b . Administrative penalty c . Other (specify)
Comments:
Source:
Verified: 2024/10/21
ME029
Question: Do political parties or candidates have a right to have their replies to inaccurate or misleading media coverage published promptly and free of charge?
Answer:
a . Yes
Comments:
Source:
Verified: 2024/10/21
ME030
Question: What is the legal liability of the media if they report unlawful statements by candidates during election campaigns (e.g. defamatory or inflammatory speeches)?
Answer(s):
a . Criminal prosecution b . Administrative sanction c . Other (specify)
Comments:
Source:
Verified: 2024/10/21
ME031
Question: Have the media or journalists' organisations adopted a code of ethics specific to elections? Please send us a copy.
Answer:
a . Yes
Comments:
Source:
Verified: 2024/10/21
ME032
Question: If so, how well do you perceive this code of ethics to be respected?
Answer(s):
b . Usually respected
Comments:
Source:
Verified: 2024/10/21
ME033
Question: Which body, if any, is responsible for regulating free or paid access of political parties or candidates to the media during election campaigns.
Answer:
b . Other (specify)
Comments: Tribunal Superior Eleitoral (TSE) - Superior Electoral Court.
Source:
Verified: 2024/10/21
ME034
Question: Which of the following types of radio stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned d . Owned by political parties
Comments:
Source:
Verified: 2024/10/21
ME035
Question: Which of the following types of television stations provide political parties with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned d . Owned by political parties
Comments:
Source:
Verified: 2024/10/21
ME036
Question: Which of the following types of daily and weekly newspapers provide political parties with free printed advertisement space for national election campaigns?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned d . Owned by political parties
Comments:
Source:
Verified: 2024/10/21
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
ME038
What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Art. 36.
§ 2º No type of paid political advertising will be allowed on radio and television.
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.
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
ME039
Question: Which of the following types of radio stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned d . Owned by political parties
Comments:
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
ME040
Question: Which of the following types of television stations provide individual candidates (legislative) with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned d . Owned by political parties
Comments:
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
ME041
Question: Which of the following types of daily and weekly newspaper provide individual candidates (legislative) with free printed advertisement space for national election campaigns?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned d . Owned by political parties
Comments:
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
ME042
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to individual candidates (legislative)?
Answer(s):
a . Equal regardless of size and previous performance b . Based on number of candidates put forward in present elections c . Based on result of previous election
Comments:
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
ME043
Question: Which of the following types of radio stations provide individual candidates (legislative) with paid broadcast time for national election campaigns?
Answer(s):
e . None
Comments: Art. 36.
§ 2º No type of paid political advertising will be allowed on radio and television.
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
ME044
Question: Which of the following types of television stations provide individual candidates (legislative) with paid broadcast time and/or paid printed advertisement space for national election campaigns?
Answer(s):
e . None
Comments: Art. 36.
§ 2º No type of paid political advertising will be allowed on radio and television.
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.
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
ME045
Question: Which of the following types of daily and weekly newspapers provide individual candidates (legislative) with printed advertisement space for national election campaigns?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned d . Owned by political parties
Comments:
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
ME046
Question: What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to individual candidates (legislative)?
Answer(s):
h . Other (specify)
Comments: Art. 36.
§ 2º No type of paid political advertising will be allowed on radio and television.
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.
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
ME047
Question: Which of the following types of radio stations provide presidential candidates with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned d . Owned by political parties
Comments:
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
ME048
Question: Which of the following types of television stations provide presidential candidates with free broadcast time for national election campaigns?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned d . Owned by political parties
Comments:
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
ME049
Question: Which of the following daily and weekly newspapers provide presidential candidates with free printed advertisement space for national election campaigns?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned d . Owned by political parties
Comments:
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
ME050
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to presidential candidates?
Answer(s):
a . Equal regardless of size and previous performance of candidate's party b . Based on number of candidates put forward in present elections b . Based on number of candidates put forward in present elections
Comments:
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
ME051
Question: Which of the following types of radio stations provide presidential candidates with paid broadcast time for national election campaigns?
Answer(s):
e . None
Comments: Art. 36.
§ 2º No type of paid political advertising will be allowed on radio and television.
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
ME052
Question: Which of the following types of television stations provide presidential candidates with paid broadcast for national election campaigns?
Answer(s):
e . None
Comments: Art. 36.
§ 2º No type of paid political advertising will be allowed on radio and television.
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
ME053
Question: Which of the following types of daily and weekly newspapers provide presidential candidates with paid printed advertisement space for national election campaigns?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned d . Owned by political parties
Comments: 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.
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
ME054
Question: What are the criteria for allocating paid broadcast time and/or paid printed advertisement space to presidential candidates?
Answer(s):
h . Other (specify)
Comments: 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.
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
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
ME061
Question: Which of the following information in reporting the results of opinion polls are required to be disclosed by law?
Answer(s):
a . Person or agency that commissioned the opinion poll b . Geographical coverage c . Characteristics of the sample d . Size of the sample e . Margin of error f . Other
Comments: Article 33.
Entities and companies that conduct public opinion polls related to the elections or candidates, for public knowledge, are required, for each poll, to register with the Electoral Court up to five days before publication, the following information:
I – who commissioned the poll;
II – the amount and source of the resources spent on the work;
III – the methodology and period of the poll;
IV – the sampling plan and weighting for sex, age, education level, economic status, and geographic area where the work is to be conducted, confidence interval, and margin of error;
V – internal system for control and verification, audit, and oversight of data collection and fieldwork;
VI – the complete questionnaire used or to be used;
VII – the name of the person or entity that paid for the work and a copy of the corresponding invoice.
Source: Elections Law – Law No. 9,504, of September 30, 1997, Article 33:
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
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
ME063
Question: Where, if at all, may exit polls be carried out?
Answer(s):
c . Not permitted d . No exit polls conducted to date f . Not applicable
Comments: Art. 39.
§ 5º Constitute crimes, on election day, punishable by detention from six months to one year, with the alternative of community service for the same period, and a fine ranging from five thousand to fifteen thousand UFIRs:
II – the recruitment of voters or "door-to-door" propaganda.
Source: Elections Law – Law No. 9,504, of September 30, 1997, Article 39:
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
ME064
Question: If exit polls are permitted, when can the results be disseminated via the media?
Answer(s):
e . Not applicable
Comments: 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.
Art. 39.
§ 5º Constitute crimes, on election day, punishable by detention from six months to one year, with the alternative of community service for the same period, and a fine ranging from five thousand to fifteen thousand UFIRs:
II – the recruitment of voters or "door-to-door" propaganda.
Source: Elections Law – Law No. 9,504, of September 30, 1997, Article 35-A, 39:
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
ME065
Question: When are the media, by law, allowed to report preliminary election results?
Answer:
b . After all polls close, before official results are available
Comments:
Source:
Verified: 2024/10/22
ME066
Question: Are the media allowed to project/predict winners before the final results are available?
Answer:
a . Yes
Comments:
Source:
Verified: 2024/10/22
ME068
Question: Have staff responsible for media relations received training for this work?
Answer:
a . Yes
Comments:
Source:
Verified: 2024/10/22
ME069
Question: Which of the following has the EMB produced or organised?
Answer(s):
b . Press releases c . Press conferences/briefings d . Pre-recorded radio or TV slots e . Web site
Comments:
Source:
Verified: 2024/10/22
ME071
Question: Which of the following types of radio stations, provide free broadcast time to the EMB for voter information campaigns?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned d . Owned by political parties
Comments:
Source:
Verified: 2024/10/22
ME072
Question: Which of the following television stations provide free broadcast time to the EMB for voter information campaigns?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned d . Owned by political parties
Comments:
Source:
Verified: 2024/10/22
ME073
Question: Which of the following daily and weekly newspapers provide free print space to the EMB for voter information campaigns?
Answer(s):
a . Publicly owned b . Government owned c . Privately owned d . Owned by political parties
Comments:
Source:
Verified: 2024/10/22
ME074
Question: Which of the following types of radio stations provide paid broadcast time to the EMB for voter information campaigns?
Answer(s):
e . None
Comments: Art. 36.
§ 2º No type of paid political advertising will be allowed on radio and television.
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
ME075
Question: Which of the following types of television stations provide paid broadcast time to the EMB for voter information campaigns?
Answer(s):
e . None
Comments: Art. 36.
§ 2º No type of paid political advertising will be allowed on radio and television.
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-19
Verified: 2024/10/22
ME077
Question: What steps does the EMB take to make sure that it is communicating its message to the media?
Answer(s):
d . It monitors the media coverage of its own activities.
Comments:
Source:
Verified: 2024/10/22
ME079
Question: Overall, how effective do you judge the EMB's ability to communicate through the media during election campaigns to be?
Answer:
b . Quite effective
Comments:
Source:
Verified: 2024/10/22
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
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
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
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
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
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
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
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
a . Always
Comments: 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, 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
Law No. 9,709, of November 18, 1998:
https://www.planalto.gov.br/Ccivil_03/leis/L9709.htm
Plebiscite and Referendum:
http://www.tse.jus.br/eleicoes/plebiscitos-e-referendos
Verified: 2024/10/25
DD044
Question: When is the outcome of an optional referendum binding?
Answer:
a . Always
Comments: 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, 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
Law No. 9,709, of November 18, 1998:
https://www.planalto.gov.br/Ccivil_03/leis/L9709.htm
Plebiscite and Referendum:
http://www.tse.jus.br/eleicoes/plebiscitos-e-referendos
Verified: 2024/10/25
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
a . Constitutional amendments b . Legislative proposals c . Other (specify)
Comments: Brazil allows for direct democracy at national and 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
DD046
Question: Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
Answer(s):
a . Constitutional amendments b . Legislative proposals c . Other (specify)
Comments: Brazil allows for direct democracy at national and 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
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
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
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
DD132
Year of introducing Direct Democracy
Question: What year were the first Direct Democracy mechanisms introduced to the legal framework?
Answer:
f . 1981-2000
Comments: The first direct democracy mechanisms were introduced into Brazil's legal framework with the Constitution of 1988.
Plebiscite and referendum are consultations to the people to decide on matters of relevance to the nation in constitutional, legislative, or administrative issues. Both are provided for in Article 14 of the Federal Constitution and regulated by Law No. 9,709, of November 18, 1998.(Source: Plebiscite and Referendum)
Source: Constitution of the Federative Republic of Brazil, 1988, Article 14, 18(3, 4), 29 (XIII):
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
DD133
Question: What year was the first referendum/initiative held?
Answer:
e . 1961-1980
Comments: The first referendum was held in 1963.
Source: Plebiscites and Referendums:
http://www.tse.jus.br/eleicoes/plebiscitos-e-referendos/plebiscito-e-referendo
Referendum in 1963:
https://www.tse.jus.br/eleicoes/plebiscitos-e-referendos/referendo-1963/referendo-de-1963
Verified: 2024/10/24
Voting Operations
VO001
Question: Approximately what percentage (on the basis of cost) of election day supplies and equipment are obtained or produced within the country?
Answer:
a . 91-100%
Comments:
Source: TSE - The Superior Electoral Court, highest body of the Brazilian Electoral Justice.
Verified: 2024/10/12
VO002
Question: Is there a code of conduct for election officials?
Answer:
a . Yes
Comments: Electoral Code - Law No. 4,737, of July 15, 1965
Source: https://aceproject.org/ero-en/regions/americas/BR/brazil-lei-4737-codigo-eleitoral-2018-outdated
Verified: 2024/10/12
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
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
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
VO006
Question: Can people vote in advance of the designated national election day(s)?
Answer:
a . No
Comments:
Source: Electoral Code, Law No. 4737, of July 15, 1965, Article 142, 143, 144, 153:
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
VO007
Question: If electors can vote in advance of the designated national election day(s), how may they do so?
Answer(s):
f . Not applicable
Comments:
Source: Electoral Code, Law No. 4737, of July 15, 1965, Article 142, 143, 144, 153:
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
VO008
Question: If electors can vote in advance of the designated national election day(s), specify who:
Answer(s):
g . Not applicable
Comments:
Source: Electoral Code, Law No. 4737, of July 15, 1965, Article 142, 143, 144, 153:
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
VO009
Question: Is there a maximum allowable voter capacity of a polling station for the national elections?
Answer:
a . Yes
Comments: Art. 117
The polling stations, organized as voter registration requests are approved, shall not have more than 400 (four hundred) voters in the capitals and 300 (three hundred) in other locations, nor fewer than 50 (fifty) voters.
§ 1 In exceptional cases, duly justified, the Regional Court may authorize exceeding the limits set in this article, provided that this measure facilitates the exercise of voting, bringing the voter closer to the designated polling place.
§ 2 If in a section designated for the blind, the number of voters does not reach the required minimum, it will be completed with others, even if they are not blind.
Source: Electoral Code, Law No. 4737, of July 15, 1965, Article 117:
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
VO010
Is there a maximum allowable voter capacity of a polling station for the national elections?
Yes.
Art. 117
The polling stations, organized as voter registration requests are approved, shall not have more than 400 (four hundred) voters in the capitals and 300 (three hundred) in other locations, nor fewer than 50 (fifty) voters.
§ 1 In exceptional cases, duly justified, the Regional Court may authorize exceeding the limits set in this article, provided that this measure facilitates the exercise of voting, bringing the voter closer to the designated polling place.
§ 2 If in a section designated for the blind, the number of voters does not reach the required minimum, it will be completed with others, even if they are not blind.
Source
Electoral Code, Law No. 4737, of July 15, 1965, Article 117:
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
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
VO012
How many staff are assigned to each polling station?
Art. 119
Each polling station corresponds to a vote reception table.
Art. 120
The vote reception table consists of a president, a first and a second polling officer, two secretaries, and an alternate, all appointed by the electoral judge sixty days before the election, in a public hearing announced at least five days in advance.
Source
Electoral Code, Law No. 4737, of July 15, 1965, Article 119, 120:
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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