Funções atípicas da justiça eleitoral: instrumento de efetivação da democracia

Abstract

This paper is purposed to identify and analyze the activities of non-jurisdictional nature practiced by the electoral justice; in other words, acts of similar nature to those practiced by other State powers, such as executive or of normative order ones. These activities would be non-typical to those developed by the judiciary power organs. Nevertheless, they are essential for the consecution of the electoral justice aims, not being accessory acts, but main activities of that specialized branch of judiciary. It would be inappropriate to talk in ‘non-typical function’ when it is referred to administrative and normative acts of that electoral process controlling judgment, in order do deal with its major objective, which is the guarantee of the realization and of the fairness of the dispute, the assurance of the people’s representatives choice through vote and the consolidation of the Brazilian State representative democracy.