Resources applications registration processes begin to be analyzed by the TSEJustice runs to hear cases before the close of the Second Shift and graduation of elected.
After the first round of municipal elections 2016, the Superior Electoral Court (TSE) He began to appreciate the features in the applications registration processes that are being sent by the Regional Electoral Courts (Three). These features are provided in Supplementary Law 64/90 and the Electoral Code, which also set the rite that must be observed for the respective judgments.
TSE Resolution No. 23.455/2015 regulates these laws for elections 2016, detailing the procedures regarding the application registration process. The article 44 allowed applicants with application registration request rejected by the Election Judge, and have appealed to the Regional Electoral Court competent, could continue to campaign until the appeal judgment by the higher courts. Like this, these candidates participated advertising in the free election time and were able to receive votes in the electronic ballot box.
In this way, in that the resources are sent by the three, they will be analyzed and judged by the ministers of TSE. Normal, even though each process bring its special, what is expected is that the processing occurs in the most expeditious manner possible, because of their nature and the rite provided for your trial. The Electoral Court also has in mind the proximity of the second round of elections and the graduation of the elect, which has until 19 December to occur. The idea is to prevent it happening a "third" election.
Votes annulled and a new election
An important change introduced by Law No. 13.165/2015, known as electoral reform 2015, It was the introduction paragraph 3 of Article 224 the Electoral Code. This device provides that, if the candidate who received the most votes has concurred with his rejected application record and appealed, if confirmed this decision by the TSE, should be new elections, "Regardless of the number of canceled votes".
According to the chief adviser of the Consultative Advisory (Assec) do TSE, Sérgio Ricardo dos Santos, or art. 224 the Electoral Code deals with the election validity check. "The candidate for mayor who received the highest vote in a municipality with less than 200 thousand voters are having their application rejected registration on election day, and the sum of the votes of the candidates who compete with him (and not with the rejected registration) for inferior a 50% of the votes given to candidates, the Board chaired by the Election Judge can not claim any elected candidate. After that candidate appeals trial by the TSE, Electoral judge will set a date for the holding of new elections ", clarified.
A similar situation occurs in the mayoral candidate of the chance to be with the granted registration on election day and, After proclaimed elected, come to have their registration rejected by the Electoral Court. Regardless of the number of votes obtained, after the TSE have judged his appeal, will be new elections.
In municipalities with more than 200 thousand voters, where there is the possibility of holding a second round, the law is applied in a similar way. If the most voted candidate does not obtain an absolute majority of the valid votes in the first round, the Electoral Board shall provide for the holding of the second round of voting with the top two candidates, even if one or both are rejected with the record - but since pending the trial of its resources by the TSE.
Procedure and deadlines
Also according to Sergio Ricardo, the term count for processes of this type is continuous and peremptory, that is: the days are counted including Saturdays, Sundays and holidays.
Appeals against decisions of election judges or TRE in the application registration process must be lodged within three days. Like this, before being sent to the TSE, the TRE open a period of three days to the opposing party to submit counterarguments. The process has come to the Judicial Department (SJD) the TSE with the unique number assigned by the Electoral Court.
no TSE, once received and fined, the process is distributed to one of the Court's ministers, that will be the case of the rapporteur. The general rapporteurs are drawn, but there are cases where the process is distributed directly to the minister who has already received another process in which the parties are identical, or whose specific situation may reflect the new process. In this case, the rapporteur is considered prevento.
After the assessment and distribution, and before submitting the rapporteur drawn, the process is sent to the Electoral Prosecutor (MPE) for an opinion within two days. after that, according to the complexity of the case, the rapporteur may decide the appeal monocratically, or take it to trial the collegiate TSE.
In this case, the rapporteur will read a report the other ministers, may the case of lawyers do the oral defense of their arguments. In sequence, he gives his vote, which is also made by other ministers. All these votes form a judgment with the Court's decision on the case.
"We know that, the number of processes, It is difficult for an Electoral Court consists of seven judges to judge all cases before the elections. However, members and Electoral Justice servers always strive for this to occur within the legal deadlines, observing the constitutional guarantees of the contradictory and full defense ", ponders Sergio Ricardo.
Given the priority given to them during the election period, the application registration process do not need to have their staff previously published in the official organs to be judged on the TSE plenary sessions. "So the lawyers need to beware, if you wish to make use of the word when the rapporteur take the process table for judgment ", recommends the chief adviser.