Quem pode votar no Brasil? um estudo sobre a atuação da Justiça Eleitoral na promoção da cidadania política das pessoas em situação de rua no país

Abstract

This study examined the Brazilian Judiciary's role in promoting political citizenship among homeless people, focusing specifically on the Electoral Court's efforts to guarantee the right to vote for this segment of society. This is a qualitative, exploratory, and descriptive study, using bibliographic and documentary sources. Specifically, the sociohistorical, theoretical, conceptual, and social activism aspects of this social group were identified and analyzed, demonstrating that their process of homelessness was long and gradual and remains rooted in real and symbolic marginalization, the stigmatization of which hinders the overcoming of inequalities and full access to citizenship. Subsequently, the main public policies aimed at promoting citizenship among this population were highlighted, emphasizing the initiatives of the justice system, especially the judicialization of national policy for this population and the initiatives of the National Council of Justice (CNJ). Furthermore, the role of the Brazilian Electoral Court was analyzed, as well as its main actions, with a view to promoting the political participation of the population in question, highlighting the activities of the Superior Electoral Court (TSE) and some Regional Courts that adopt some type of measure aimed at guaranteeing voter registration and the right to vote. In general, the research showed that the Brazilian justice system, at the initiative of the National Council of Justice (CNJ) and after extensive pressure from social movements, already has some regulations and incipient initiatives aimed at voter registration for homeless people. However, given the continental nature of our country and regional particularities, there is still much to be done for all Regional Courts to adopt more inclusive measures to guarantee voting for this population. Therefore, and in response to the question that posed this study, it can be stated that, despite the progress observed, not every homeless person in the country can fully register to vote and exercise their right to vote without exclusions or barriers.