A prova testemunhal no processo eleitoral brasileiro: indicação de parâmetros de suprimento das lacunas existentes na LC nº 64/90

Abstract

This dissertation seeks to conduct a panoramic analysis of testimonial evidence in the Brazilian electoral process, from the perspective of the electoral litigation existing in the procedural discipline contained in Complementary Law No. 64/90, in order to indicate parametres to fill the gaps existing on this subject in this legal diploma. It starts initially from the survey of institutes related to electoral law and justice, their corresponding litigation, highlighting the procedures provided for in the Ineligibility Law and their procedural incompleteness on the subject under examination. The relevance of this analysis derives from the judicial praxis present in the work of the Regional Electoral Court of Bahia, especially in the litigation of electoral actions in which the judicial bodies are faced with the need to process the production of testimonial evidence. This is because the procedures here analyzed, due to lacking the completeness necessary for the effective resolution of issues of electoral law, sometimes generate situations requiring the supplementary use of the civil procedural norm. The present work, when faced with practical issues such as: number of witnesses, hearing system, single witness, among other aspects, seeks to promote a theoretical and practical analysis of the production of testimonial evidence in contentious procedures provided for in LC nº 64/90. To this end, it covers aspects related to the theory of evidence, testimonial evidence itself and the comparison of this with the law, doctrine and the understanding of the Electoral Courts.