A captação ilícita de sufrágio no âmbito das eleições municipais do estado do Ceará no ano de 2004

Abstract

The Brazilian Electoral Justice, reflecting the conditions of his judiciary structure, it is still faced, in certain points, as inefficient, more specificly in the restraint of electoral abuses that they seek to obtain the voters' in an immoderate and inconsequent way votes. This felt, besides, for the fact that the Brazilians, in general, they were accepting, with certain normality, several cases of abuses and irregularities that committed the rightness of the election. The deficiencies observed in the Electoral Justice elapse of the own Brazilian political-electoral history and of some other specific partner-cultural elements of the most lacking layer of the society, still worsened more by the fact than, a lot of times, the own electoral judges, to the they decide some demand, they make taking it more in bill the political aspect to the juridical. However, in spite of the evolution of an exempt electoral system of problems not to be complete, with the coming of the Law 9.504/97, that it regulates the elections in general, especially the article 41-A, that it was increased by the Law 9.840 of September 28, 1999, the electoral process, at least theoretically, started to dispose of more hard and velocity in the corrupt politicians' punishment. In the State of Ceará there was also a great progress in the combat to the illicit reception of vote, although it still misses a lot to be done. The election is the apex of the Democracy and, for that, it should be protected of the interference of factors that they harm his rightness. The creation of the art. 41 A went her from great importance for the combat to the electoral corruption, but very still lack to be done.