Elections 2026: New Protection Against Candidate Arrests Comes into Force
The measure, outlined in the Electoral Code, is valid until October 6 and includes rules for voter transportation.
On the morning of September 19, the Superior Electoral Court activated rules outlined in the electoral calendar that prohibit the arrest of candidates registered for the 2026 Elections, except in cases of flagrante delicto. This measure coincides with the release of routes and schedules for free voter transportation for the first round, scheduled for October 4.
Protection Against Candidate Arrests
According to Article 236 of the Electoral Code, the restriction on candidate arrests begins 15 days before the first round and ends on October 6, 48 hours after the close of voting. The rule aims to prevent arrests from being used to remove candidates from their campaigns or to interfere with the fairness of the dispute.
Exception for Flagrante Delicto
The prohibition does not apply when a candidate is caught in flagrante delicto, meaning while committing the crime, immediately after committing it, or being found with objects indicating authorship. The measure also allows for arrest for electoral crimes committed during the campaign or on voting day, under the same flagrante conditions.
Term and Extension of Protection
If there is a second round, the protection will be reinstated 15 days before the new vote, scheduled for October 25, and will remain in effect until October 27. The restriction for voters begins five days before the first round, starting September 29, and ends 48 hours after the election.
Organization of Voter Transportation
The same day marks the deadline for electoral judges to request public servants and facilities to enable free voter transportation. The Electoral Court must publish, starting September 19, the general framework of planned routes and schedules, allowing voters to know the available routes.
Deadline for Complaints
After the transportation plan is released, parties, federations, candidates, and voters have three days to submit complaints about the planning, in accordance with Law No. 6,091/1974, which addresses the free provision of transportation for voters residing in rural areas.
With information from CNN Brasil, Metrópoles.
Source: CNN Brasil, Metrópoles