Abuso de poder das organizações criminosas no contexto eleitoral, (in)suficiência da norma e perspectivas futuras: uma análise do fenômeno a partir de precedente do TRE-CE

Abstract

The present research investigates the institute of abuse of power within the electoral context based on practices of violence and intimidation carried out by criminal organizations, taking as its reference the precedent issued by the Regional Electoral Court of Ceará (TRE-CE) in the case RE No. 060060782 from Santa Quitéria. The general objective is to understand the autonomous characterization of abuse of power arising from acts perpetrated by criminal organizations and to determine whether the current legal framework is prepared to sanction acts of interference through the systematic use of violence by organized crime during elections, in order to safeguard popular representativeness and the democratic rule of law. To this end, the concept of abuse of power in electoral law is examined, including its typical and atypical forms, as well as the understanding of the Superior Electoral Court (TSE) on the matter. Subsequently, the acts of interference in the electoral process carried out by organized crime in the State of Ceará are analyzed so that, upon such contextualization, the precedent of the TRE-CE may be evaluated and the aspects of abuse of power involved in the acts committed by the criminal faction may be identified. In the final section, certain legal institutes currently in force are identified and assessed to determine whether they are capable of addressing the growing phenomenon of abuse of power through violence instrumentalized by criminal organizations to interfere in elections, or whether legal innovations are required to prevent mandates obtained through such means from being exercised. The research is descriptive, exploratory, and qualitative, based on legal texts, academic articles, news reports, current legislation, and bills under discussion, as well as a case study concerning the aforementioned TRE-CE precedent from Santa Quitéria, selected due to its relevance to the subject matter. The study concludes that, notwithstanding noteworthy advances found in Complementary Bill No. 112/2021, it remains necessary to typify a new form of abuse of power within the Brazilian legal system in order to curtail the advance of organized crime in gaining control over institutions of formal political power.