Dados is one of the most widely-read social sciences journals in Latin America. Created in 1966, it publishes innovative works, originating from academic research, by Brazilian and foreign authors. Edited by IESP-UERJ, it aims to reconcile scientific rigor and academic excellence with an emphasis on public debate based on the analysis of substantive issues of society and politics.
Dados vol. 62 n. 3 Rio de Janeiro 2019-09-16 2019
Abstract
ABSTRACT The present research aims to analyze the specificities of the Brazilian electoral governance model from the perspective of the political competition´s judicialization, based on a comparative study, in order to evaluate if the institutional rules produce different results regarding judicial activism in relation to the electoral process. In order to identify the peculiarities of the Brazilian electoral governance model, it is important to evaluate its main characteristics as a judicial body through a comparative analysis with other countries that present similar structures of federative presidential regimes and judicial systems, such as Argentina, Mexico, and the United States. Thus, the study was based on four criteria of analysis: a) model of electoral governance, b) existence of specialized electoral justice, c) constitutionality control model, and d) change of electoral and/or partisan rules by judicial decision. Finally, it became evident that the Brazilian electoral governance model is a result not only of the rules that institutionalized it, but also of a consolidated action in order not only to resolve the electoral dispute or to impact the elections through a judicial decision, but also to produce changes in the field of rule-making.
Keywords: electoral governance, judicialization of politics, electoral competition
Electoral Governance and Judicial Activism: A Comparative Analysis on the Impact of Judicial Decisions on the Rules of the Brazilian Electoral Process
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