O fundamento constitucional para uma efetiva ordem eleitoral democrática

Abstract

This article analyzes Justice Antonio Carlos Ferreira’s vote in Special Electoral Appeal No. 0600242- 56.2024.6.19.0154, which upheld the disqualification of a politician accused of being part of an armed militia. The decision stands out for being based on Article 17, §4, of the Federal Constitution – which prohibits the use of paramilitary organizations by political parties – instead of Article 14, §9, reaffirming the full effectiveness of this rule in defending the democratic order. The author emphasizes that voting represents a framework for protecting the integrity of the electoral process, public morality, and constitutional clauses, especially in combating the infiltration of organized crime in politics. The decision is considered an example of systemic constitutional interpretation and an instrument for preserving popular sovereignty and the democratic rule of law.