POSSIBILITY OF A CONSTITUTIONAL AMENDMENT TO ABOLISH THE DUTY TO VOTE IN BRAZIL
DOI:
https://doi.org/10.12957/rfd.2024.75176Keywords:
Abolish, Duty, Vote, ConstitutionAbstract
Is it possible to abolish the duty to vote in Brazil through a constitutional amendment? The general objective of this article is to evaluate the rigorous process of reforming the Constitution leading to the abolition of compulsory voting, and has the following specific objectives: analyze the limitations on the power to reform the Constitution; and, evaluate the voting system in Brazil and developed countries. The research is based on constitutional law manuals, scientific articles and case law from the Superior Courts. The research had a qualitative-quantitative approach. It starts from the hypothesis that mandatory voting is not the best way to develop a nation. It is characterized as descriptive research that explains the legislative process of constitutional amendments and its limitations through literature review and empirical research by consulting the website of the Federal Supreme Court (STF). It is possible to conclude that abolishing the fundamental duty to vote in Brazil through a constitutional amendment, as such a modification does not violate the essential core of the immutable clause contained in article 60 of the Constitution.
Keywords: Abolish; Duty; Vote; Constitution.
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