Do conflito de aplicabilidade entre o artigo 299 do código eleitoral 41- a da lei 9.504/97 ( lei das eleições).

Abstract

The present scientific study is about the issues brought by the conflict of existent applicability, between the articles that talk about the electoral corruption and suffrage illicit captivation. At first, exploring about the electoral crimes, most specificly, the competence, appropriate actions and their applicability. A concise analysis about the crimes against the secrecy of the vote, in order to emphasize the electoral corruption and her real function and application in the Brazilian electoral system. After, we have the illicit captivation of suffrage that must be treated carefully, because it was brought by a more recent law and it obtains more functional applicability in the present. This is the moment when the great problems of typicalness rises, because we do not know if the other would come to complete this one. After of a deep analysis, utilizing the legal interpretation of texts' methods, evolutive and deductive historical, based in a huge bibliographical research, to collect arguments, to raise propositions and to make the legal class discuss about the subject. We can clearly notice that despite the law is recent, the illicit captivation of suffrage came to develop and to emphasize what, actually, happens in the electoral system of the country, which happens to be the punishment of the ones that use their candidature in a wrong way, searching just particular benefits.This do not obstructs the application of the two articles in the determined act, because they are different in several aspects presented in this text.