Re-Establishing Of Printed Vote: Pretexts, Constitutional Ban And Electoral Authenticity Criteria

Abstract

The present paper integrates the field of human rights and electoral law, and aims to assess the constitutionality of reestablishing some form of printed voting. In view of the growing crisis of reliability raised by some sectors against public institutions - especially, in the case of elections, against the Superior Electoral Court -, it aims to assess the legal possibility that forms of auditable impression of the vote are received through the Brazilian constitutional filter, without focus on cases of retrogression or violation of secrecy and freedom of voting, as understood by the Federal Supreme Court in Direct Action of Unconstitutionality No. 5889. To do so, it adopts as a hypothesis that the principle of electoral authenticity should guide the assessment of the impact from the impression of the vote to constitutional political rights. Through a deductive methodology, it seeks to establish the pretexts that justify the reestablishment of the printed vote, the repercussion of this theme to the constitutional norms, in order to, from these premises, extract criteria according to which the constitutionality must be evaluated, concluding by the possibility that auditable impression traces are legally introduced, without necessarily violating constitutional provisions.