Minister Edson Fachin assumes today (22) the presidency of the Superior Electoral Court (TSE), where he will remain for six months. Afterwards, he must hand over the position to his deputy, Alexandre de Moraes. The current president, Luís Roberto Barroso, leaves the position and also leaves the TSE, where he spent four years.
This means that, in an election year, the TSE has three different presidents. The rotation of ministers of the Federal Supreme Court (STF) in charge of the Electoral Justice is normal and is provided for in the institution’s rules.
The Electoral Court always has seven ministers, three from the Supreme Court. Whenever necessary, a minister is elected by the plenary of the STF, in a symbolic vote, since a rotation system is adopted that goes from the oldest to the most recent minister.
Each TSE minister assumes a two-year term, and may be reappointed only once for the same period. The timing of entry into the Electoral Court is unequal, which results, in some cases, in brief stints in the presidency.
Fachin, for example, will be responsible for carrying out the main measures related to the organization of this year’s majority election, but two months from the vote he must leave the TSE, after completing his maximum passage of four years.
In addition to being replaced in the presidency by Moraes, Fachin will give place in the plenary to Minister Cármen Lúcia. Ricardo Lewandowski completes the triad of Supreme Court justices. During and after the elections, until the diplomacy of those elected, it will be they who must participate in the trials and clarify all doubts.
Two of the seven ministers in charge of the TSE come from the STJ. Two seats are reserved for members of electoral law, appointed by the President of the Republic from a triple list elected by the plenary of the Supreme Court.
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