Violência eleitoral sistemática por organizações criminosas : impactos da ausência de tipificação expressa na cassação de registros e de mandatos eletivos

Abstract

This study analyzes the problem of systematic electoral violence perpetrated by criminal groups and its impacts on the Brazilian legal-electoral system, especially regarding the possibility of revoking mandates obtained in this context. It begins with the observation that criminal organizations have been expanding their activities into the political field, particularly in municipal elections, using threats, intimidation, restrictions on freedom, and other forms of coercion to influence voters, candidates, and institutions, compromising the normality and legitimacy of the election, in order to maintain and expand their power. In this context, the study aims to verify whether the current legal electoral system offers sufficient instruments to repress such conduct through the application of sanctions such as the revocation of registration or diploma, or whether there are normative gaps that allow the maintenance of mandates obtained with the aid of this violence. Regarding the methodology adopted, this consisted of bibliographic and documentary research of a qualitative nature, through the analysis of electoral norms, specialized doctrine, legal studies, and jurisprudence of the Electoral Courts. Structurally, this work begins with the conceptualization of systematic electoral violence, distinguishing it from political violence and identifying its main manifestations, proposing as a reference concept that foreseen in article 2, I, of TRE/CE Resolution nº 1,036/2024. It also examines the limits imposed by Electoral Sanctioning Law, addressing the guarantees that condition the exercise of the State's power to punish, due to the sanctioning nature of non-criminal electoral offenses. Subsequently, it analyzes the main electoral offenses capable of leading to the revocation of registration or mandate, such as abuse of power, fraud, corruption, and illicit vote buying, and the characteristics of the respective electoral actions. Finally, it studies a case that occurred in Santa Quitéria/CE, using it as a starting point to test the hypothesis that the absence of specific typification of systematic electoral violence may allow the maintenance of mandates obtained with the aid of such practices. Thus, it can be concluded that, although certain behaviors may, in some cases, be subsumed under existing electoral offenses, there are situations in which the current normative structure proves insufficient to encompass the full complexity of systematic electoral violence, creating a concrete risk of impunity and compromising the legal interests protected by Electoral Law.