From this to haveTuesday (27) and up to 48 hours after the first round of voting, on the next sunday (2)no voter may be arrested by any authority, unless caught in flagrante delicto or convicted of a non-bailable crime.
The other exception is if the person impedes the safe conduct (right to transit) of another citizen, thus harming the free exercise of the vote. Anyone caught committing the crime may be arrested by the police authority.
The rule and exceptions are set out in Article 236 of the Electoral Code (Law 4,737/1965). The logic of the device, inherited from old electoral norms, is to prevent any authority from using its power of arrest to interfere in the outcome of the elections. The article is the same as forbidding the arrest of candidateselectoral inspectors, poll workers and party delegates in the 15 days prior to the election.
The ban does not apply to anyone caught committing a crime, or soon after committing it. This includes electoral crimes. On polling day, for example, anyone who disrespects certain prohibitions, such as exiting the ballot box, trying to recruit voters, using sound equipment in the street and promoting rallies, among others, may be detained.
This year, the Superior Electoral Court (TSE) decided to prohibit the presence of firearms within a radius of 100 meters from any polling station. The few exceptions only include security officers. The rule is valid even for those who have permission to carry and is in force from 48 hours before the election to 24 hours after it.
The police are also not prevented from arresting anyone who has already been convicted of a heinous crime – for example, trafficking, qualified homicide, rape, armed robbery, among others (Law 8072/1990). The ban on prisons also only affects voters, that is, those who enjoy the political right to vote.
In the event of any arrest, from this to haveOn Tuesday (26) the detainee is expected to be taken before a judge to verify the legality of the act. If any illegality is found, the person responsible for the arrest can be held responsible. The prescribed penalty is four years’ imprisonment.
