During inaugural speech, Justice Rosa Weber highlighted the role of TSE in perfecting democracy in Brazil

Posse Ministra Rosa Weber

During the ceremony to take office as President of TSE, in a formal plenary session held last Tuesday (14th), Justice Rosa Weber highlighted that the core of the Republic, the Democratic Rule of Law, is a never ending improving process. “The deviations, the shortcomings in culture and in education, the wealth inequality, the corruption of public and private agents cannot, not in the least, shadow the belief that power emanates from the people and for the people and in its name shall be executed”, said Justice Weber, highlighting the “extremely relevant role” of the Electoral Court “in strengthening and perfecting democracy” in Brazil.

Rosa Weber takes on command of TSE a few weeks prior to this year’s General Elections. Her term lasts until 25 May of 2020, when her second biennium as permanent member of the Court ends.

After taking office, Justice Weber said her first mission will be “to secure, according to the competence of TSE, all the tools that make possible the daily process of strengthening the democracy and its institutions”. She affirmed that “citizenship is incompatible with free transit between public and private spheres, the individual favoring of specific groups to the detriment of public interest”, and stressed that it is essential to democracy that political activity has its respectability and importance rescued “in this moment of undesired discredit”. 

During the same session, Justice Luís Roberto Barroso and Justice Jorge Mussi took office, respectively, as Vice-President of TSE and General-Corregidor of Electoral Justice. The ceremony was directed by Justice Luis Fux, who transmitted the presidency to his successor. The now president and Justice Luís Roberto Barroso were elected for their positions by an administrative session held on this year’s June 19th. In addition, Justice Jorge Mussi was elected General-Corregidor of Electoral Justice in administrative session on June 26th. Mussi’s term will last until October 24th of 2019, day his second biennium as a permanent Justice of TSE finishes.

 

Electronic Voting Machines

During her speech, Rosa Weber remembered the electoral frauds that occurred in Brazil during the Old Republic (1889-1930) and the evolution of the electoral process in the country - with the creation of one unified register for electors and the digital voting/calculation of votes in 1994, until the advent of the electronic voting machine, in 1996.

The Justice highlighted that the electronic voting machine is capable of assuring, altogether, the vote secrecy, its security and an impartial calculation. According to the president of TSE, developed and implemented with gradual enhancements and in successive directions, the electronic voting machine “constitutes the best example of the work of those whom have put their efforts, for decades, in this court, to fortifying the democracy in Brazil”.

The judge remembered the repeated “Public Security Tests” the electronic system has been submitted to since 2009, connected to experts in technology, candidates, parties, Public Prosecution, Federal Council of the Brazilian Bar Association and citizens. In those tests, underlined the Justice, different social individuals have unrestricted access to a physical and electronic structure that involves the process of voting and transmitting data in order to correct possible vulnerabilities.

The president of the Court stated that this year’s election will adopt, for the first time, a mechanism of live auditioning, fact that is going to increase even more the security and transparency of the electoral process. “The biggest remark on this subject, however, is to be given towards the fact that, during twenty two years of the electronic voting machine usage, not once has a fraud been documented”, affirmed.

Fake news

Paying compliments to Justice Luiz Fuz administration, Rosa Weber highlighted that the judge, with his team, paved, “in an attentive and meticulous way, the path to be followed in this election, with strong action against fake news, really worrying aspect regarding the war against misinformation”.

 

Administrative Continuity

Rosa Weber said that it will be given continuity to the projects of the previous administrations from TSE. Among them, is worth the record for its relevance, the project “Identificação Civil Nacional”, initiated during Dias Toffoli term in TSE, and maintained in the following administrations, with cooperation from the powers of the Republic. “Therefore, I point the administrative continuity as the main guideline of our actions in the first moment, without damage for projects to be developed and implemented once finished the electoral period, with the augmenting qualification of the public service and the perfecting of the institution”[1], reveled the Justice.

The president also affirmed that will not be alone at the Court’s direction, but with the “honorable company” of Justice Luís Roberto Barroso, as Vice-President, of Justice Jorge Mussi, as General-Corregidor of Electoral Justice, and the farther permanent and substitutes Justices of the Court. Weber also declared that will count with the extremely competent body of employees of TSE and with the effective cooperation of the Electoral Public Prosecution on defending the juridical order and the democratic regimen, as well as all the lawyers that work in the Electoral Justice.

 

Trajectory as Judge

Rosa Weber is a permanent Justice of TSE since May 24th of 2016. Last May she was reconducted to the post for another biennium. She took office as Vice-President of the Court on February 6th. She joined the Court as a substitute judge on June 12th of 2012 until she took office as a permanent judge.

Born in Porto Alegre (RS), Rosa Weber graduated from Juridical and Social Sciences on the “Universidade Federal do Rio Grande do Sul” in 1971. Was a labor judge between 1976 and 1991, acting as a substitute from 1976 to 1981 and permanent from 1981 to 1991. Integrated the 4° Region Labor Court of first instance from 1991 to 2006, having presided over between 2001-2003.

Still a Judge, was summoned to act at the Superior Labor Court from 2004 to 2006, when was then nominated Justice of that Court, where she stayed from 2006 to 2011. Next, she was nominated as Justice of the Supreme Federal Court, where she took office on December 19th of 2011.

 

Solemnity and participants

In addition to the TSE judges, also integrated the solemn session: the president of the Supreme Federal Court, Justice Cármen Lúcia, the president of the Chamber of Deputies, Fábio Ramalho, the Electoral Attorney-General, Raquel Dodge, and the president of the Federal Council of the Brazilian Bar Association, Claudio Lamachia.

Attended the solemnity, the former President of the Republic José Sarney, former judges from the Supreme Federal Court, ministers of State, judges and former judges of the superior courts, presidents and judges from first instance courts, parliamentarians, counselors of the National Council of Justice, members of the Public Prosecution, military authorities, journalists and employees of the Electoral Court.

After the ceremony at the plenary, Rosa Weber, Luís Roberto Barroso and Jorge Mussi received greetings from authorities and guests at the “Salão Nobre” in TSE.