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Electoral System

Electoral law is a ramification of constitutional law and deals fundamentally with the rules that concerns political rights, the party system and the electoral system. The electoral brazilian law has as its main sources the Constitution, the electoral laws and the resolutions of the Superior Electoral Court. Adding to them the doctrine and jurisprudence as secondary or accessories sources.

The brazilian electoral system, according to what has been established on the article 14 of Federal Constitution, is exerted by the universal suffrage and by the direct and compulsory vote in secret scrutiny.

The suffrage is considered to be universal not only because it presumes the unanimity popular participation, but also from the great majority, chased off any discrimination of color, race, gender, religion or social or economic conditional.

And the suffrage is exerted through the vote, which is right and compulsory. Which means, in the brazilian system, the elector choose directly all the candidates – alderman, mayors, states and federal deputies, senators, states governors and the president. The obligation implies on the enforcement of vote or in justifies the absence. If the elector cannot do any of those, he must pay one fine to the electoral justice court, which would be arbitrated by the electoral judge.

The vote is exerted in secret scrutiny and this confidentially is protected by the Constitution as a clause that cannot be the object of an amendment. In practice, the confidentially of the vote is guaranteed by the unity of the electronic voting system, by the isolation of the elector in inscrutable cabin, by the security system of the urns and by the logistic of the election, that remains entirely responsibility of the electoral justice court.