The normative power of the Electoral Justice - G. de Castro Pinto, Emmanuel Roberto
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The Brazilian Electoral Justice, especially the Superior Electoral Court, has been making increasing use of the so-called normative power, through the issue of resolutions on electoral matters, which, in principle, should have a regulatory character, that is, to clarify and make feasible the legal provisions, but without restricting rights or establishing sanctions not provided for in the respective law. Since this is a normative competence exercised by a branch of the Judiciary, whose main function is jurisdictional and not legislative, the book analyzes its compatibility with the…mehr

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Produktbeschreibung
The Brazilian Electoral Justice, especially the Superior Electoral Court, has been making increasing use of the so-called normative power, through the issue of resolutions on electoral matters, which, in principle, should have a regulatory character, that is, to clarify and make feasible the legal provisions, but without restricting rights or establishing sanctions not provided for in the respective law. Since this is a normative competence exercised by a branch of the Judiciary, whose main function is jurisdictional and not legislative, the book analyzes its compatibility with the constitutional principles of the separation of powers and legality, what are the formal and material limits to the exercise of this activity, and the appropriate instruments to invalidate the acts that eventually exceed these limits. Finally, it investigates how the Federal Supreme Court has faced the issues related to this theme.
Autorenporträt
Graduated in Law from the University of Fortaleza, Master of Constitutional Legal Order from the Federal University of Ceará-UFC and Specialist in Constitutional Law and Constitutional Process from the State University of Ceará-UECE. Professor of Electoral Law at the University of Fortaleza-Unifor. Justice Promoter in the State of Ceará.