The Special Electoral Appeal under Analysis: from general theory to the jurisprudential application of its admissibility requirements

Abstract

In this work, an overview of the procedural course that leads to the filing of the Special Electoral Appeal (Recurso Especial Eleitoral - REspEl) is outlined, cautioning the appealing attorney about the need to anticipate the possible presentation of the appeal before the Court, and then prepare the case based on general and specific prerequisites and on admissibility evaluation. From this perspective, the possible obstacles to the admissibility of the Recurso Especial Eleitoral are discussed, which is analyzed by the presidency of the Regional Electoral Court (Tribunal Regional Eleitoral - TRE) and also by the Superior Electoral Court (Tribunal Superior Eleitoral - TSE), as well as the alternative of the appeal (agravo) to the TSE, in the case of a rejected REspEl. In the end, it will be possible to understand that the success (acceptance) of the Recurso Especial Eleitoral is, as a rule, closely linked to its careful preparation and the proof of the existence of one of the situations of admissibility and of all the conditions for appealing, in order to avoid, eventually, coming up against the so-called “defensive jurisprudence” of the courts.