The vote of the provisional prisoner and the applicability of resolution 23.219/2010 of the superior electoral court, in the elections of the state of Pernambuco

Abstract

The vote follows directly from the exercise of political rights of all Brazilians, because it is a fundamental right specified by our Constitution. This right is also guaranteed to pre-trial detainees, based on the constitutional principle of innocence, since such people do not remain in possession of their political rights. The fence to vote in our country is only for prisoners convicted by final judgment of conviction, with res judicata, by these facts have their political rights suspended, while supplies purposes of sentencing. Although a constitutional guarantee, the effectiveness of voting the provisional stuck in our country, has long been ignored by Brazilian states, and thus, those citizens who had no final judgment had not how to exercise your right to vote, since the Brazilian State was not prepared to carry out such constitutional provision. Thus, before the neglect of such complexity, the voter Superior Court issued Resolution 23,219, which came into force in the 2010 elections, regulating the right to vote of temporary prisoners and adolescents who are deprived of freedom, thus any unprecedented step that brings to Brazilian democracy a breakthrough and developments, prominent, electoral disputes in Pernambuco, the applicability of this Resolution.