O voto do preso provisório e do adolescente internado no estado do Tocantins

Abstract

This technical report examines the suffrage of pre-trial detainees and adolescents under socio-educational detention. Provisional prisoners, because they have not been definitively convicted, are considered presumed innocent and therefore retain the right to vote. Adolescents in detention also retain their political rights and can vote, even if they are in custody for committing offenses. However, in both cases, the Electoral Court needs to set up polling stations in penal or detention units so that this group of people can vote, and this has not happened in Tocantins since the 2012 Elections. The aim of this research is therefore to identify possible ways for electoral registries to make the right to vote viable for provisional prisoners and adolescent detainees. This is an applied, qualitative-quantitative study with an exploratory objective, approved by the UFT Research Ethics Committee under CAAE No. 77366524.4.0000.5519. The report provides a comprehensive overview of the local prison and socio-educational system, as well as the organization of the Electoral Justice system in Tocantins. Some of the challenges to implementing voting in prisons and detention centers are discussed, and approaches to mitigating these obstacles are presented, as well as highlighting good practices adopted by other Brazilian Regional Electoral Courts. Interviews with pre-trial detainees and interned adolescents produced relevant data, the analysis and results of which are discussed in the final part of this work. The most significant result of this research highlights the feasibility of setting up polling stations in prisons and detention centers in Tocantins, and concludes with a series of recommendations to facilitate the voting process for these groups. In addition, it proposes the creation of a Standard Operating Protocol for the Temporary Transfer of Voters and suggests a model Action Plan to be used by Electoral Zones to assist people deprived of their liberty.