THE JURISDICTION FOR THE JUDGMENT OF THE JANUARY 8TH ACTS: An Analysis of the Tension between Common Jurisdiction and the Prevalence of Electoral Matters

Abstract

This article analyzes the controversy over the jurisdiction for the prosecution and judgment of the anti-democratic acts of January 8, 2023, examining the tension between the jurisdiction of the Common Justice system, exercised by the Supreme Federal Court, and the specialized jurisdiction of the Electoral Justice system. Using a theoretical-analytical and documentary methodology, with a case study centered on Criminal Action No. 2.668/DF, the paper argues that the factual nature, chronology, and purpose of the events show a strong instrumental and teleological connection with electoral matters. The main conclusion is that, in observance of the Principle of the Natural Judge and the binding precedent set by the STF in Inquiry 4.435/DF, maintaining the case in the Common Justice system appears to be a violation of jurisdictional rules, with the Electoral Justice system being the constitutionally appropriate forum for the unified assessment of the criminal plot, the essence of which, according to the complaint, was shown to be the contestation of the election results.