Beginning Tuesday, October 20, 2026, voters in Sergipe and throughout Brazil are covered by a statutory restriction on arrest and detention, effective through October 27 because of the second round of elections scheduled for Sunday (October 25). This is not blanket immunity: Brazil’s Electoral Code specifies three exceptions under which an arrest may occur.
When are arrests still allowed?
Article 236 of the Electoral Code allows voters to be arrested or detained during this period in three circumstances: being caught in the act of committing an offense; a criminal conviction for a non-bailable offense; and violation of a safe-conduct order issued by the Electoral Justice system. Accordingly, the rule does not prevent police action in cases involving an offense caught in progress or authorize unlawful conduct.
How long does the protection last?
The period begins five days before the second-round vote, on October 20, and runs until 48 hours after voting ends on October 25. The calendar approved by the Superior Electoral Court (TSE) identifies October 27, 2026, as its end date. The rule applies nationwide, including in Aracaju and all other municipalities of Sergipe, and does not require a local decree.
What happens if someone is arrested during this period?
Under paragraph 2 of Article 236, an arrested person must be brought immediately before the competent judge. If the judge finds the detention unlawful, the judge must order release and seek accountability for the authority responsible. This does not mean every arrest during the period is automatically unlawful.
Specific rules apply to candidates, polling staff and party observers
The Electoral Code provides different protection for candidates in the second round: since October 10, fifteen days before voting, they may be arrested only when caught in the act of an offense. Poll workers and party observers also cannot be arrested or detained while carrying out their duties, except when caught in the act. These specific rules must not be confused with the three exceptions applying to voters generally.
Why does this rule exist?
The purpose is to safeguard freedom of voting and prevent improper detentions from obstructing electoral participation. The TSE publicized the rule on October 20, 2026, citing the Electoral Code and the official election calendar. The protection is temporary and limited to the statutory conditions described.
