On the eve of the municipal elections, the Electoral Code provides exceptions for arrests and detentions, both in the first and second rounds
From this Tuesday 1 voters across Brazil cannot be arrested or detainedfive days before the first round of the 2024 elections, which will take place on Sunday 6th. The measure is valid until Tuesday 8th, 48 hours after the end of the elections.
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The Electoral Code, established by art Law no. 4,737 of 1965, provides for specific situations that warrant the incarceration of a voter on the eve of the election.
According to article 236 of the legislation, exceptions apply in the case of arrests in the act, due to a conviction for a non-bailable crime or for violation of safe conduct.
In case of detention within the period determined by electoral legislation, the person must be brought before a competent judge, who will verify the legality of the arrest. If the crime does not fall within one of the three hypotheses mentioned, the person must be released immediately and unconditionally.
The same article of the Electoral Code also provides that poll workers and candidates cannot be arrested or detainedunless agreed, until 15 days before the elections, period in force from 21 September.
The purpose of electoral immunity is ensure the balance of the controversy, preventing arrests from being used as a ploy to harm a candidate or votereither through political embarrassment, or by removing him from the campaign or the right to vote.
The rule was included in the electoral legislation in 1932, to nullify the influence of the colonels of the time who attempted to intimidate the electorate, in accordance with the legislation Brazilian agency.
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Understand the exceptions
For those cases of arrests in flagrante delictoArticle 302 of the Criminal Procedure Code defines: whoever he is caught committing a crime, someone who has just committed a crime, was persecuted immediately after the crime, or found with evidence of a crimesuch as firearms, which indicate possible paternity.
Already the The criminal conviction is the act of the judge who closes a criminal case in first instance and imposes a fine on the accused, with the possibility of appeal. The law considers the non-bailable crimes such as, for example, the practice of racism and racist insults, illicit drug trafficking, terrorism and heinous crimes.
Already the Safe conduct serves to guarantee freedom of voting and is granted to voters who suffer moral or physical violencewith the aim of violating the right to vote. The guarantee is issued by an electoral judge or by the president of an electoral college.
Anyone who disobeys the safe conduct order can be arrested for up to five dayseven if he wasn’t caught in the act.
In the municipalities where the second round is scheduled, which will take place on 27 October, Electoral immunity is in effect from October 22 to 29.
The second round can take place in municipalities with more than 200,000 eligible voters, if none of the candidates was elected with an absolute majority (more than half of the valid votes plus one) in the first electoral phase.
In data released by Brazilian agency103 of the 5,569 municipalities participating in the 2024 elections could have a second round for the mayoral election. The country currently has 155.9 million eligible voters. Anyone who is abroad is not obliged to vote in municipal elections.
What documents can I use to vote? Check it out here!
Source: Terra
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