RIGHT TO TRANSPORTATION OF VOTERS IN URBAN AND RURAL AREAS

PERSPECTIVAS URBANAS E RURAIS NO CONTEXTO ELEITORAL BRASILEIRO

Abstract

This paper aims to analyze the legal treatment given to the transportation of voters on election day. The matter is presented from the perspective that the duty-right to vote is a constitutional burden assigned to the citizen and the exercise of a right inserted, above all, in the first na in the fourth dimension of fundamental rights. This paper employs a bibliographic and documental methodology, including analysis of scientific articles, books, normative acts and judicial decisions. In relation to transport in urban areas, a documentary analysis is carried out based on the conclusion given by the Federal Supreme Court (Brazil) in ADPF nº 1013. For transport in rural areas, the way to operationalize the governing law is debated based on the exploration of proposals aimed at implementing and improving the exercise of duty - the right to vote. Thus, in order to consider the material imbalances between citizens, especially related to locomotion and means of transport, as well as the unintentional aggravation created by the constitutional duty to vote, based on the theory of disproportionate impact, it is concluded that affirmative actions must be created on this theme.