the most technologically advanced electoral justice institution in the world. It pioneered
applications that have since been introduced in other sectors of the judiciary. The use of
information and communications technology (ICT) applications by the TSE is regarded
not only as having improved the impartial, efficient and transparent administration of
the electoral process, but also as having enhanced the ability of the TSE to provide
effective remedies.
The introduction of ICT applications as a way to bring Brazilian electoral stakeholders
closer to the electoral process is an approach that dates back to the mid-1990s. It was
gradually introduced to all aspects of the administration of elections, starting with the
digitalization of the electoral register and the measured introduction of an electronic
voting system. In this context, the TSE further developed ICT applications (video
conferencing, electronic service of documents, electronic filing options and electronic
evidence taking, and virtual case management and hearings) for the processing and
resolution of electoral complaints as a natural extension of its other already digitalized
electoral system components. In a logical extension to this approach, it was felt that
the acquired technical ability of the TSE to administer elections and deliver electoral
results in a fast, transparent and reliable fashion through electronic voting and an
automated count needs to be accompanied by the ability to seek redress through
electronic means, offered to all electoral stakeholders, in an equally expeditious
manner and at any given moment in the electoral process. This approach also provides
a check on the extensive powers vested in the TSE. The functionality of the TSE website
encourages Brazil’s electoral stakeholders to monitor and scrutinize the administration
of their electoral rights at every stage of the process and enables them to file a claim
whenever they have a doubt about the process. This ability by itself enhances the
confidence of citizens in the TSE.
In Indonesia, the Constitutional Court (Mahkamah Konstitusi) has a mandate to
resolve any election result-related disputes and, like Brazil’s TSE, it manages its own
budget and has procedural independence. Following an extension of its mandate (from
legislative and presidential elections in 2004 to include gubernatorial and mayoral
elections in 2009), the Constitutional Court had to equip itself to handle new and
continual case-filing requests from all over the country for mayoral elections (of which
there are 524, held at different times in different parts of the country – an average
of nine elections each month over a five-year period) while remaining able to review
and adjudicate on complaints from more than 1800 constituencies over the limited
time frame for the legislative elections of 30 calendar days. The introduction of ICT in
such a geographically vast and politically heterogeneous country was a logical way to
implement the Constitutional Court mandate to settle electoral results disputes within
such a short time frame in a country where the need for certainty in the post-electoral
period has always been crucial to its stability.
The electronic submission of cases and preliminary evidence introduced by the
Constitutional Court through its website has enabled it to keep its deadlines short, while
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6. Principles and guarantees of EDR systems
(cont.)