A crise da democracia representativa no Brasil e a invisibilidade do voto do preso provisório nas eleições de 2010, 2012, 2014 e 2016

Abstract

The Constitution of the Federative Republic of Brazil of 1988, reflecting the Universal Declaration of Human Rights of the United Nations Organization, established fundamental rights and guarantees for all, without distinction, aiming at building a freer, fraternal and egalitarian society. The ideals have been laid down in various provisions in the Magna Carta, but are not always realized by the state. Even so, the “Citizen Constitution” of 1988 represents a social evolution, since it carries in its text several advances in Brazilian democracy, glimpsed from the historical study of the government regimes adopted by Brazil. There is still an imbalance in the representativeness of citizens, as those who are provisionally imprisoned, even while retaining their active electoral capacity, appear to be invisible in the electoral process, as the dismal results on the participation of the provisional prisoner in the 2010, 2012, 2014 and 2016 elections that will be presented. Through a comparative study of the main norms that governed democracy in the Constitutions of Brazil from the imperial era until the Magna Carta of 1988; the evaluation of the number of provisional prisoners in Brazil in relation to those enlisted and those who exercised the vote; Understanding the concept of the presumption of innocence principle, there is a crisis of representativeness, in which the provisional prisoners hardly vote, despite forming a group of people who live under the tutelage of the State, in the present precarious conditions. of the Brazilian prison system.