Braziledri-v0

EDRIElection Dispute Resolution Index

How robust are mechanisms to resolve election disputes?

Disputes40.9%5/11 · 10 datapoints · 3 dimensionsCompare across jurisdictions →

Dimensions

Contest70.0%
4/5 · 4 datapoints
Recount12.5%
1/4 · 4 datapoints
Timing25.0%
1/2 · 2 datapoints

Contest

70.0% · 4/5
DatapointScoreRationale & evidenceSource
CONT.EDRI.1Standing enumeratedAre the parties with standing to contest an election (candidate, party, qualified voters of the precinct, AG, etc.) enumerated in statute?1/1100.0%

Article 97 of the Código Eleitoral explicitly enumerates three categories of parties with standing to contest candidate registration: (1) candidates ('candidato'), (2) political parties ('partido político'), and (3) any elector ('qualquer eleitor'). The statute further specifies that electors must present proof of alleged grounds (ineligibility or incompatibility). This enumeration provides clear, statutory codification of who may challenge registration, satisfying the procedural clarity requirement for contest standing.

§ view source
2026-06-02
CONT.EDRI.2Venue & jurisdictionIs the court of original jurisdiction for election contests specified by statute?1/1100.0%

Article 57 of the Brazilian Electoral Code establishes clear statutory jurisdiction for electoral disputes concerning voter registration transfer requests. The statute explicitly designates the 'juiz eleitoral' (electoral judge) as the court of original jurisdiction to decide transfer requests, with detailed procedural timelines (10-day objection period, 5-day publication of decision). Appeals are clearly routed to the 'Tribunal Regional Eleitoral' (Regional Electoral Court) within a 3-day deadline, with a 5-day decision window. The venue and jurisdiction are specified by statute rather than left to discretion, satisfying the criterion for venue and jurisdiction specification.

§ view source
2026-06-02
CONT.EDRI.3Filing deadlineIs the deadline for filing an election contest (days after certification, or after a defined event) specified by statute?0.5/150.0%

Article 93 addresses candidate registration deadlines and timelines for judgment of registration challenges (up to 20 days before election day), but does not specify a filing deadline for general election contests after certification. The statute establishes when challenges to candidate registrations must be resolved, not when contests to election results must be filed. The criterion asks for a deadline for filing an election contest (recount/contest of results), typically measured from certification or a defined event. This section codifies procedural timelines for the registration phase, not the post-election dispute resolution phase. While procedurally clear on registration challenges, it does not address the statutory deadline for filing election contests proper, which would be the primary mechanism for disputing actual election results.

§ view source
2026-06-02
CONT.EDRI.4Standard of proof & evidenceAre the standard of proof and admissibility rules for election-contest evidence codified in statute?1/250.0%

Article 97 of the Brazilian Electoral Code establishes a procedural framework for candidate registration challenges with codified standing (candidates, parties, any voter) and a statutory 2-day filing deadline. § 3 requires that electoral challengers offer 'prova do alegado' (proof of allegations), which establishes a basic requirement to present evidence. However, the statute does not codify a specific standard of proof (e.g., preponderance, clear and convincing, beyond reasonable doubt) nor does it articulate evidentiary rules governing admissibility, weight, procedure, or the burden of proof. The provision requires evidence but leaves substantive evidentiary standards and procedures to judicial discretion. This satisfies the requirement for a standard to be 'set' (scoring 1) but falls short of the full 2-point threshold, which requires both a standard AND articulated evidentiary rules.

§ view source
2026-06-02

Recount

12.5% · 1/4
DatapointScoreRationale & evidenceSource
RECT.1Statutory recount procedureAre recount procedures (who counts, how, with what evidence) defined in statute, not regulation or administrative directive?0/10.0%

No matching sections in corpus.

no FTS match
2026-06-02
RECT.2Recount triggers enumeratedAre the triggers for an automatic or petition-based recount enumerated in statute (margin thresholds, sworn challenge, etc.)?0.5/150.0%

Article 181 establishes that vote recounts may only be granted by Regional Electoral Courts in appeals filed immediately after each ballot box count. This provides a procedural mechanism (petition-based via appeal) and timing constraint (immediately after appraisal). However, the statute does not enumerate specific triggers for when a recount must or may be granted—it does not codify margin thresholds, categories of sworn challenges, or other substantive conditions that would activate recount rights. The phrase 'salvo nos casos mencionados nos artigos anteriores' (except in cases mentioned in previous articles) suggests triggers exist elsewhere in the Code, but this excerpt alone does not enumerate them. The provision clarifies venue and procedural form but not the enumerated grounds.

§ view source
2026-06-02
RECT.3Recount cost allocationIs the cost of a petition-based recount allocated by statute (who pays under what outcome)?0/10.0%

No matching sections in corpus.

no FTS match
2026-06-02
RECT.4Recount-finding effectAre the legal effects of a recount finding (binding, advisory, mandatory amendment) codified in statute?0/10.0%

No matching sections in corpus.

no FTS match
2026-06-02

Timing

25.0% · 1/2
DatapointScoreRationale & evidenceSource
TIME.1Certification deadline in statuteIs the certification deadline (when the result becomes 'official') set by statute, not by administrative discretion?0.5/150.0%

The statute sets a 10-day deadline for transmitting certification documents (diplomas and records) to the superior court AFTER diplomation occurs. This establishes a procedural timeline for submission of materials. However, the section does not explicitly define when the result becomes 'official' or 'certified'—it addresses when diplomas are issued and reports transmitted, but does not clarify whether certification is complete upon diploma issuance, upon transmission, or upon superior court receipt/approval. The criterion requires a clear statutory deadline for when results are final/official. The 10-day rule is codified but applies to post-diplomation reporting rather than defining the certification moment itself. There is some procedural clarity, but ambiguity remains about the exact point at which certification becomes final.

§ view source
2026-06-02
TIME.2Pre-certification stayDoes statute provide a mechanism to stay certification while a recount or contest is pending?0/10.0%

No section in the FTS-surfaced candidates satisfies this criterion. Best signal: This section addresses sanctions (registration cassation or diploma revocation) for violation of campaign finance or conduct rules, not certification timing or stay mechanisms. It does not establish or reference any procedure to stay certification pending a recount or election contest. The provision concerns post-election remedies through cassation rather than pre-certification procedural stays. To satisfy TIME.2, the statute must codify a mechanism that explicitly delays or stays certification while disputes are pending; this section does neither.

§ view source
2026-06-02

Other methodologies for Brazil