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Plenary meeting reaffirms Superior Electoral Court's (TSE) competence to judge appeals against certification

The Brazilian federal Supreme Court's (STF) Plenary meeting have decided on Wednesday (7) that the Superior Electoral Court (TSE) is competent to judge, originally, appeals against the certification of state and federal governors, senators and deputies. By majority, the Justices dismissed the Action Against the Violation of a Constitucional Fundamental Right (ADPF) 167, with the prevailing view of the action's rapporteur, Justice Luiz Fux, that the two-tiered system does not apply when the law confers original jurisdiction to a higher court.

At the end of the trial, the Justices welcomed the following thesis, proposed by Justice Luiz Fux: "The Superior Electoral Court is a competent body to judge appeals against the expedition of certificate in presidential and general elections (federal and state)."

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