The Superior Electoral Court (TSE) decided, unanimously, that the rules of the so-called Anti-Faction Law that prohibit the voting of prisoners in provisional regime will not be applied to the elections in October this year.
Law No. 15,358/2026, which establishes the Legal Framework for Combating Organized Crime, determines that the condition of temporary or provisional arrest becomes a reason for impediment to electoral registration and cancellation of registration.
The TSE’s decision was taken to preserve the principle that a law that changes the electoral process cannot be applied to elections held within a period of less than one year from the beginning of its validity. As a result, the changes foreseen in the Anti-Faction Law will only come into effect from March 2027.
In his vote, the rapporteur of the case, Minister Antonio Carlos Ferreira, reinforced that the principle of electoral annuality is indispensable to guarantee the stability of the democratic “rules of the game”.
“Electoral annuality is provided for in the Federal Constitution. According to this principle, the law comes into force on the date of its publication, but, to guarantee predictability, legal security and adequate organization, it does not apply to elections that take place within one year of its effective date”, highlighted Ferreira.
The analysis of the topic occurred after questioning from the Regional Electoral Inspectorate of São Paulo, which consulted the TSE about the need to carry out registration and install voting stations in prisons, given the changes foreseen in the new law.
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