Análise crítica sobre obrigatoriedade do voto em um Estado constitucional democrático de direito.

Abstract

The work hours are brought about this paradigm of adopting mandatory voting in a Democratic State Constitutional Law. This is elaborated a historical survey where we try to understand what led Brazil to adopt voting as a duty, bringing out the arguments in favor of defendants maintain, as well as those submitted to their detriment, in seeking to make it optional, focusing on the paradox that in a Democratic Constitutional State guarantor of individual and collective rights, citizens find themselves obliged to exercise the right to vote. Therefore we seek to verify the real possibility of changing the Constitution in order to remove the vote of the field of duties; showing the greatest strength of the arguments presented by the current favoring the adoption of voluntary voting, verifying, finally, possible change in the Constitutional text. In this sense, it is an analysis of the theoretical justifications provided by two streams. It is used for the making of this monograph method of the hypothetical-deductive approach, and how methods of procedure, the historical evolution that seeks to prove the truth through analysis, development and comparison of different historical periods experienced by the country, as well as literature, as a research technique focused analysis of the published literature in the form of books, magazines, loose, press and even electronically available on the Internet. We tried to emphasize with this research, the antagonism shown by the diapason of having a consolidated democracy with a population culturally evolved, and to keep compulsory voting, imputing sanctions those who refuse unreasonably pursuit, bringing as a solution to this conflict the amendment of Article 14, § 1 Ca 1988 Federal Constitution, to make voluntary voting in Brazil, consolidating, once and for all, the democratic rule of law.