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Voting is one of the main instruments of Brazilian democracy and, for the majority of the population, in addition to being a right, it is also a civic duty. Even so, the Constitution and electoral legislation establish some exceptions: there are specific groups that cannot vote or that have their political rights temporarily suspended.
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The main situation of impediment involves people who have had their political rights suspended or lost by court decision. This can occur, for example, in cases of definitive criminal conviction while the effects of the sentence last, or in situations provided for in legislation, such as acts of administrative improbity that result in the suspension of political rights. In these cases, the citizen is legally prevented from voting while the punishment is in effect.
Another group that cannot vote is foreigners. Even if they have lived in Brazil for many years, only native or naturalized Brazilians can register as voters and participate in elections. The same goes for children under 16: Brazilian legislation establishes that only those who are at least 16 years of age on the date of the election can vote.
Conscripts, that is, young people who are performing mandatory military service during the enlistment period, cannot vote either. While in this condition, they are prevented from registering as voters, which, in practice, removes them from the voting process at that specific moment in their lives.
Furthermore, voters who fail to regularize their situation with the Electoral Court may face restrictions. Anyone who does not vote, does not justify and does not pay the fines for three consecutive elections may have their title cancelled. With the title cancelled, the person loses the right to vote until they regularize their situation.
Apart from these exceptions, the general rule in Brazil is broad participation. Voting is mandatory for citizens between 18 and 70 years old and optional for young people aged 16 and 17, people over 70 years old and illiterate people. Thus, prohibitions exist, but they are specific and linked mainly to legal issues, age, nationality or irregular electoral status.
In practice, the system seeks to ensure that as many Brazilians as possible participate in elections, while at the same time establishing clear limits for specific situations provided for by law.
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