October 19, 2022

09:10

Gabriel Abreu – Amazon Agency

MANAUS – After the decision of Minister Luis Roberto Barroso, of the Supreme Court (STF), which released the country’s municipalities and concessionaires to offer free public transport in the 2nd round of elections, the governor of Pará, Helder Barbalho (MDB), published, in social networks, that the State will publish a decree establishing free round trip for all voters who are moving to the voting city.

Governor Helder Barbalho’s decision is valid for intercity river and road transport, from 7 a.m. on Saturday, the eve of the election, until 7 a.m. on Monday, 31, the day after the 2nd round. See post below:

In the decision, Barroso added that it is about the constitutional guarantee of the right to vote and, therefore, there can be no discrimination of political position. The minister’s decision will not generate electoral punishments. The magistrate answered the request for clarification made by the Rede Sustentabilidade party, which also presented new claims under the Argument of Noncompliance with Fundamental Precept (ADPF) 1013. In the action, the minister had determined, in the 1st round of elections, that transportation should be maintained at normal levels on voting Sunday.

Rede Arguments

The Rede party argued that the high rate of abstention in the 1st round was associated with the economic crisis and poverty, which impacts the right to vote of the most vulnerable. Therefore, it requested free and universal transportation in the 2nd round.

The Network also made an alternative request to the STF to ensure that mayors and concessionaires who provide the service are not liable for electoral misconduct or crimes, and to require the use of school buses and public vehicles to ensure transportation.

Rationale for the decision

In analyzing the case, Minister Barroso recalled that, in the 1st round, he considered that it would be unreasonable to oblige public and universal transportation, on election day, without there being a proper law and budget forecast for the cost.

However, he stressed that municipalities and concessionaires can offer the service, voluntarily, without favoring any political group, to guarantee the right to vote.

“It is recognized that the municipalities may, without incurring in any form of administrative, civil, criminal or electoral illicit act, promote a public policy of free transportation on election day, in a general way and without any discrimination, as a way to guarantee the necessary material conditions for the full exercise of active suffrage by all citizens. In this case, the concessionary or permissionary municipal public transportation companies must act collaboratively to ensure the effectiveness of the measure”.

According to the minister, considering that the Constitution requires that companies must act within their means to reduce inequalities, concessionaires can offer free transportation “without such a decision constituting an electoral crime or infraction of any kind“.

According to Barroso, public vehicles and school buses can be used for transportation, and the Superior Electoral Court (TSE) may, if it deems necessary, regulate the actions of municipalities and transportation companies to ensure the legal security of those involved and to curb possible abuses of political power.