The Electoral Protection of Democracy: The Case of Jair Bolsonaro’s Ineligibility in Brazil

Abstract

The constitutional erosion experienced in Brazil in recent years culminated in a dramatic series of events on January 8th, 2023. An attempted coup d’état took place in Brasília, where thousands of people demanded military intervention, with some resorting to violence. The understanding of this scenario, however, can only be adequately developed if it is analyzed within the context of the authoritarian use of electoral law. Such usage corresponds to the interpretation of legality as an instrument that would supposedly ensure insecure electronic voting. In this context, it is important to analyze the electoral response to these claims, particularly considering that the Superior Electoral Court declared Bolsonaro ineligible in 2023. Was the judicial review in this case strong enough to protect democracy, specifically in the electoral context? To answer this question, one must interpret the Court’s decision in a way that strengthens its potential use by other agents within the judicial system. The methodology of this paper employs a case study involving the Electoral Judicial Investigation, and it concludes that this precedent may be considered a strong one in the field of judicial protection of democracy, because it correctly limited freedom of speech and presidential powers.