As of this Saturday (17), no candidate for elective positions in this year’s elections will be detained or imprisoned, unless in flagrante delicto. The rule is provided for in the Electoral Code and in the 2022 election calendar approved by the Superior Electoral Court (TSE). The measure is valid until 48 hours after the closing of the election, scheduled for October 2.
Through these rules, the Electoral Justice seeks to prevent abuses from being committed during the period, in particular, political persecution that results in the removal of candidates from their campaigns, or even the provoking of negative repercussions against political opponents.
According to art. 236 of the Electoral Code, members of reception desks and party inspectors cannot be detained or imprisoned during the exercise of their functions, “except in the case of flagrante delicto”.
Also according to the legislation, no authority may, from 5 days before and up to 48 hours after the end of the election, “arrest or detain any voter, except in flagrante delicto or by virtue of a criminal conviction for a non-bailable crime, or even for breach of safe conduct.”
If “any arrest” occurs, the detainee must be immediately brought before the competent judge. If the judge verifies the illegality of the detention, it will be up to him to relax the prison and hold any co-authors of the arrest responsible.
Article amended, at 11:33 am, to correct the period in which voters cannot be arrested.
