A vedação ao alistamento eleitoral para estrangeiros ante os direitos humanos no contexto migratório latino-americano pós-pandemia: uma (re)discussão sobre a ampliação do direito ao voto para estrangeiros no Brasil

Abstract

This paper critically examines the prohibition of electoral registration for foreigners in Brazil in light of the Universal Declaration of Human Rights (UDHR) and the contemporary Latin American post-pandemic migratory context. It is grounded on the understanding of voting as a fundamental human right and a core element of democratic legitimacy. The main objective is to assess whether the political exclusion of resident foreigners is compatible with international human rights standards and with contemporary transformations of the concept of citizenship. The research adopts a qualitative, analytical and critical approach, employing descriptive and exploratory procedures, and combines bibliographical and documentary review, historical reconstruction of political rights in Brazil, analysis of empirical data from the 2022 Demographic Census, and a comparative perspective based on Latin American experiences. The study draws on categories from democratic theory, constitutionalism, and international human rights law, such as sovereignty, political belonging, citizenship, and the universalization of suffrage. The findings indicate that the electoral exclusion of foreigners produces a structural democratic deficit, particularly in local contexts marked by high migrant presence, such as the state of Roraima. The paper concludes that expanding voting rights for resident foreigners should not be understood as a threat to sovereignty, but as an update of its foundations in line with the principles of human dignity, political equality, and the universality of rights.