Abuso de poder nas eleições presidenciais de 2022: análise de AIJES envolvendo os dois principais concorrentes

Abstract

Aiming at the examination of two Electoral Judicial Investigation Actions (EJIA), which investigate abuse of power by the two main competitors for the position of President of the Republic in the 2022 elections, this work will examine the facts brought by the parties and its causes of action in addition to, subsequently, the decisions made by the TSE. To make such an analysis possible, qualitative research will be carried out with concepts and delimitations present in legislation, jurisprudence and doctrine regarding the institute of abuse of power and its types in the electoral field. Furthermore, the intrinsic characteristics of the Electoral Judicial Investigation Action (EJIA) will be detailed. Having made the aforementioned explanations, it will be possible to have a better understanding of whether, in the cases studied, the conduct pointed out by the investigators was actually proven and presented the seriousness and repercussion required to tarnish the legitimacy and normality of the election.