Universal suffrage and age groups as pillars of popular sovereignty in the 1988 Federal Constitution
Participation in the electoral process is the primary instrument of representative democracy, allowing citizens to choose their representatives in the Executive and Legislative branches. In Brazil, the right to vote is guaranteed by the 1988 Federal Constitution, which establishes universal suffrage and direct and secret voting. Brazilian legislation, unlike many other democratic systems, adopts a hybrid model that combines mandatory attendance at the polls with age groups where voting is optional, aiming to expand the base of citizen participation.
Mandatory and optional criteria
To understand how the Brazilian electoral system works, it is essential to clarify at how old is voting mandatory and when is it optional in Brazil. Article 14 of the Federal Constitution defines the age limits that regulate the active electoral capacity of citizens. The framework divides the electorate into three distinct categories based on age and literacy status.
The legislation determines that electoral registration and voting are:
- Mandatory:
- For those over 18 years old.
- For those under 70 years old.
- Optional:
- For the illiterate.
- For those over 70 years old.
- For those over 16 and under 18.
Therefore, upon turning 18, Brazilian citizens acquire the legal responsibility to vote, remaining under this obligation until they turn 70. For young people between the ages of 16 and 18, the Constitution offers the prerogative to begin political life, but without the imposition of sanctions if they choose not to participate. The same principle of freedom of choice applies to seniors who cross the 70-year mark.
Historical evolution of the minimum voting age
The definition of voting age in Brazil has undergone several transformations throughout history, reflecting the political and social context of each era. During the Empire, the 1824 Constitution established census voting (based on income) and a minimum age of 25, although married men, military officers, clergy and bachelors could vote from the age of 21.
In the First Republic (1889-1930), the minimum age was set at 21 years for literate men. It was only with the Electoral Code of 1932 that there was a significant advance, allowing women to vote and maintaining the age of 21.
The great rupture occurred with the promulgation of the 1988 Constitution. In a scenario of redemocratization after the military regime, there was a strong movement to expand civil rights. The Constituent Assembly, recognizing the political engagement of youth in that period, reduced the optional minimum age to 16 years. This measure placed Brazil at the forefront of the world in terms of young democratic inclusion, being one of the few countries to allow voting in this age group.
Enlistment and regularization process
The practical functioning of the electoral system requires citizens to register with the Electoral Court to obtain a voter registration card. For young people who wish to vote at the age of 16, enlistment can be done from the moment they turn that age, or even months before, as long as they are 16 years old on the date of the election.
Failure to comply with mandatory rules entails administrative consequences for voters between 18 and 70 years old. Unjustified absence from the polls results in:
- Collection of electoral fine.
- Preventing you from obtaining a passport or identity card.
- Impossibility of registering for a competition or test for a public position or function, and being invested or sworn into them.
- Restrictions on renewing enrollment in an official or government-supervised educational establishment.
For optional voters (16 to 17 years old and over 70), non-attendance does not generate pending issues in the Electoral Register, and it is not necessary to justify the absence.
Impact of youth and senior participation in democracy
The structure that defines how old voting is mandatory and when it is optional in Brazil has direct implications for the representativeness of the ballot box. The inclusion of young people aged 16 and 17 aims to encourage early political education, allowing this portion of the population to influence agendas related to education, first job and the environment. Although optional, youth voting is seen by experts as a barometer of civic engagement among new generations.
On the other hand, maintaining the right to vote for people over 70 recognizes the importance of experience and active citizenship in old age. In a country with a rapidly aging age pyramid, the participation of this demographic group ensures that demands related to pensions, healthcare and accessibility continue to be prioritized by candidates. The option, in this case, respects the possible physical limitations arising from age, without removing the political dignity of the elderly person.
The Brazilian electoral system, by establishing mandatory and optional bands, seeks to balance civic duty with social inclusion. The legislation guarantees that popular sovereignty is exercised by the widest range of citizens, consolidating voting not only as a legal obligation for the majority, but as an inalienable right to participate in guiding the direction of the State.
