From this Saturday (15) and up to 48 hours after the election, scheduled for the 30th of this month, none of the candidates contesting the second round of elections can be arrested, unless caught in the act of committing a crime.
The other exception is a conviction for a non-bailable crime, in which case the police can comply with the arrest warrant determined by the court. Anyone who fails to comply with the candidates’ safe-conduct may also be arrested.
The rule that prohibits the arrest of candidates in the 15 days before the elections also applies to electoral inspectors, poll workers and party delegates. The rule also applies to voters, however, with a shorter interval, from five days before to 48 hours after the election.
Device
The rule and exceptions are contained in Article 236 of the Electoral Code (Law 4,737/1965). The logic of the device, inherited from older electoral norms, is to prevent any authority from using its power of arrest to interfere in the outcome of the elections.
In case of arrest of any candidate from today, the provision is that the detainee will be brought before a judge so that the legality of the act can be verified. If any illegality is found, the person responsible for the arrest can be held accountable. The prescribed penalty is four years’ imprisonment.
This year, the candidates for President of the Republic, Jair Bolsonaro and Luiz Inácio Lula da Silva, will participate in the second round of the general elections, in addition to 24 candidates vying for the governments of 12 states.
