Deciding not to decide? The role of the Electoral Superior Court in the digital constitutionalism field
DOI:
https://doi.org/10.5335/rjd.v36i2.13660Keywords:
Superior Electoral Court, Elections, Democratic erosion, Digital constitutionalism, Judicial strategiesAbstract
The article’s objective is to question the role of courts in contexts of democratic erosion deepened by new technologies. Using the case study methodology, the article analyses the Brazilian Electoral Superior Court ruling on the judicial electoral investigation procedures of the slate Bolsonaro/Mourão, involving the mass messaging through WhatsApp in the presidential elections of 2018. It uses as a theoretical reference the normative concept of digital constitutionalism and the types of remedies adopted by tribunals in themes of high political impact within comparative legal systems. The conclusion is that, notwithstanding the relevant features of a decision that is expansive in its reasoning, but restricted in its holding, the tribunal adopted a risky position that also bewilder its diverse functions in the Brazilian constitutional system, not paying attention to the scenario of strong institutional deterioration.
Downloads
Downloads
Published
Issue
Section
License
All articles are licensed under the Creative Commons Attribution-NonCommercial-NoDerivations 4.0 International license.