Banca de DEFESA: RAPHAELLA DE AGUIAR FOLHA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : RAPHAELLA DE AGUIAR FOLHA
DATE: 12/11/2026
TIME: 10:00
LOCAL: Sala do Núcleo de Direito Setorial e Regulatório
TITLE:

The Brazilian Electoral Superior Court's normative role from the perspectiva of the Regulatory State

KEY WORDS:

Regulatory State; Normative regulation; Brazilian Superior Electoral Court; Normative function; Electoral governance

PAGES: 130
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation investigates the extent to which the normative output of Brazilian Superior Electoral Court (TSE) goes beyond the mere executive elaboration of laws and constitutes a (a)typical regulatory activity in the governance of the Brazilian electoral process. The central issue is to examine whether, in light of the Regulatory State paradigm, the Electoral Court has the legitimacy to issue comprehensive resolutions aimed at filling urgent gaps, managing technical complexity, and responding to the volatility of campaign strategies and technological innovations in the face of the inadequacy of formal law. A qualitative methodology is adopted, based on a literature review, documentary analysis, and case law research. The study is divided into five chapters. The first chapter addresses the transition from the liberal state to the regulatory state, its theoretical foundations, brief aspects of U.S. regulation, and its development in Brazil, particularly following the managerial reforms of the 1990s and the creation of regulatory agencies. The second examines the doctrine of normative regulation, distinguishing it from operational regulation, and analyzes the normative capacity of the current legal landscape and the evolution of the case law of Brazilian Federal Supreme Court (STF). The third investigates regulation in the electoral context, the integration of regulatory bodies into the Judiciary, and the roles of the Electoral Justice and the TSE in preserving democracy. Chapter 4 traces the evolution of the legal foundations of the TSE’s regulatory function since its creation in 1932, with a focus on its resolutions. Chapter 5 analyzes the similarities and specific characteristics of the TSE in relation to regulatory agencies, as well as the institutional tensions with the STF and the National Congress. It is concluded that the framework of the Regulatory State provides conceptual support for the legitimacy of the TSE’s normative and supplementary role, understood as an instrument of adaptive governance aimed at ensuring equality, transparency, and the integrity of the electoral process, without undermining the legal reserve.

COMMITTEE MEMBERS:
Interno (Suplente) - 1996968 - HENRIQUE ARAUJO COSTA
Presidente - 2292593 - MARCIO NUNES IORIO ARANHA OLIVEIRA
Interno - 1549538 - OTHON DE AZEVEDO LOPES
Externa à Instituição - ROBERTA MAIA GRESTA - PUCMINAS