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TSE suspends ban on provisional prisoners voting in 2026
The Brazilian Superior Electoral Court (TSE) has suspended a provision of the Anti-Faction Law, also known as the Raul Jungmann Law, that would have prohibited provisional prisoners and incarcerated adolescents from voting in the 2026 elections.
The TSE determined that the law's mandate violated the principle of electoral annuality, which prohibits significant changes to electoral rules within one year of a vote. This decision ensures that those in provisional detention—who are not yet definitively convicted—retain their constitutional right to vote.
Of the more than 700,000 people currently incarcerated in Brazil, approximately 200,000 are in provisional prison. Despite this, voter turnout among this group remains low; in the 2022 elections, only 3% (12,900 people) cast ballots, a figure attributed to limited voting booths in penal facilities and a lack of complete documentation among detainees.
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Claims
What the coverage asserts, and how many sources carry each claim.
- [● 3 SOURCES] Approximately 200,000 of the more than 700,000 incarcerated people in Brazil are in provisional prison. portaldiarioderondonia.com · nx1.com.br · rdmonline.com.br
- [● 3 SOURCES] The TSE suspended a section of the Anti-Faction Law (Lei Raul Jungmann) that prohibited voting for all prisoners. portaldiarioderondonia.com · nx1.com.br · rdmonline.com.br
- [● 3 SOURCES] The TSE ruled that the law's prohibition violates the principle of electoral annuality, which prevents changes less than a year before an election. portaldiarioderondonia.com · nx1.com.br · rdmonline.com.br
- [● 3 SOURCES] Only 3% of provisional prisoners and incarcerated adolescents voted in the 2022 elections. portaldiarioderondonia.com · nx1.com.br · rdmonline.com.br