THE RIGHT NOT TO VOTE: DEFENDING OPTIONAL VOTING IN THE BRAZILIAN LEGAL SYSTEM

Abstract

This study analyzes the right not to vote as a legitimate expression of individual freedom and a democratic guarantee within the context of the Brazilian legal system. Although the 1988 Federal Constitution recognizes optional voting for specific groups—illiterate individuals, young people between 16 and 18 years old, and those over 70—it maintains mandatory voting for the majority of the electorate, which conflicts with the principles of autonomy of will and human dignity. Using a critical and comparative doctrinal approach, this work seeks to demonstrate that state coercion in the exercise of suffrage compromises the quality of political participation, favoring bureaucratic conformity over conscious engagement. It argues that the right not to vote, far from representing apathy, constitutes a valid form of political dissent and an essential element of a substantial democracy. In light of this, it is proposed that optional voting be enshrined for all voters, as a measure aligned with the ethical and constitutional foundations of a democratic state governed by the rule of law.