Brazilian Academy of Electoral and Political Law (ABRADEP) Brazilian elections’ ways through the PAN DE MIC ABRADEP’s contribution to the debate Brazilian Academy of Electoral and Political Law (ABRADEP) WORKING GROUP Brazilian elections’ ways through the pandemic: ABRADEP’s contribution to the debate WORKING SUBGROUP 1 THE IMPACT OF THE PANDEMIC ON THE MUNICIPAL ELECTIONS CALENDAR: COPING PROPOSALS final REPORT GUILHERME DE SALLES GONÇALVES (OR GANIZADOR) ANA PAULA BARMANN • CAETANO CUERVO LO PUMO • DELMIRO DANTAS CAMPOS NETO • GUILHERME STURM • JESS ICA TELES DE ALMEIDA • LU CIANO ALVARENGA • LUIZ GU STAVO DE ANDRADE • PAOBL BI SMARK • RODRIGO FARIAS Brasília, 2020 Brazilian Academy of Electoral and Political Law (ABRADEP) Brazilian elections’ waysPAN through the DE MIc ABRADEP’s contribution to the debate COORDS. Marcelo Weick Pogliese Roberta Maia Gresta Maria Cláudia Bucchianeri org. Volgane Carvalho Brazilian Academy of Electoral and Political Law (ABRADEP) Belo Horizonte São Paulo Brasília Av. Brasil, 1843, Av. Paulista, 2444, SHIS, Quadra 04, Savassi, Belo Horizonte, MG 8º andar, cj 82 Conjunto 01, Casa 2 Tel.: 31 3261 2801 Bela Vista – São Paulo, SP Lago Sul – Brasília, DF CEP 30140-007 CEP 01310-933 CEP 71610-215 WWW.EDITORADPLACIDO.COM.BR WWW.ABRADEP.ORG Chief Editor Plácido Arraes Chief Editor Roberta Maia Gresta WORKING GROUP Editor Tales Leon de Marco Deputy Editor Vânia Siciliano Aieta Editorial Coordinator Bárbara Rodrigues Brazilian elections’ ways through the pandemic: Cover Letícia Robini ABRADEP’s contribution to the debate Photo by RawPixel [modified] Design and Layout Letícia Robini Translated by Thalysor Mota Vidal Nóbrega Copyright © 2020, D’Plácido Editora. Copyright © 2020, ABRADEP Editora. Copyright © 2020,The Authors. All rights reserved. No part of this publication may bereproduced by any means without the prior authorization of the D’Plácido Group and the ABRADEP Editora. General Coordination of ABRADEP Catalogação na Publicação (CIP) B827 Brazilian election’s ways through the pandemic : ABRADEP’s contribution to the debate / Marcelo Weick Pogliese Marcelo Weick Pogliese, Roberta Maia Gresta, Maria Cláudia Bucchianeri (coords.) ; Volgane Carvalho (org.); Thalysor Mota Vidal Nóbrega (tradução). - 1. ed. - Belo Horizonte, São Paulo, General Coordinator Brasília, DF : D’Plácido, ABRADEP, 2020. 226 p. Vânia Siciliano Aieta Título original: Caminho para as eleições brasileiras em meio à pandemia: contributos Deputy General Coordinator da ABRADEP ao debate ISBN 978-65-5589-043-3 Gabriela Rollemberg de Alencar 1. Direito. 2. Direito Eleitoral. 3. COVID-19 (Doença). I. Pogliese, Marcelo Weick. II. Gresta, Roberta Maia. III. Bucchianeri, Maria Cláudia. IV. Carvalho, Volgane. V. Nóbrega, General Secretary Thalysor Mota Vidal. VI. Título. CDDir: 341.28 Denise Goulart Schlickmann Bibliotecária responsável: Fernanda Gomes de Souza CRB-6/2472 Deputy General Secretary Juacy dos Santos Loura Júnior Treasurer Thematic Coordination of ABRADEP summary Academic Communication Roberta Maia Gresta Isabel Cristina da Mota RESENTATION 9 Carla Nicolini Allan Titonelli Nunes Elaine Harzheim Macedo Guilherme Rodrigues Barcelos WORKING SUBGROUP 1: Fernando Gaspar Neisser Luiz Eduardo Peccinin The impact of the pandemic on the municipal Rubens Beçak Paula Regina Bernadeli elections calendar: coping proposals 13 Institutional Events WORKING SUBGROUP 2: Viviane Macedo Garcia André Motta de Almeida The role of the Electoral Justice in its relations with voters, Joelson Dias Alexandre Luís Maturana political parties and other agents: how to guarantee efficacy and Luciano Guimarães da Mata Andréa Ribeiro de Gouveia effectiveness in opposition to the risks offered by the coronavirus? Polianna Pereira dos Santos Lara Marina Ferreira 59 Vladimir Belmino de Almeida Yanne Katt Teles Rodrigues Alves WORKING SUBGROUP 3: General Rapporteur: Maria Cláudia Bucchianeri Elections, Technology and new technological Systematization Group Rapporteur of Working voting tools due to the pandemic 131 Subgroups (WSG) Rodolfo Viana Pereira WORKING SUBGROUP 1: Juliana Rodrigues Freitas WSG 1: Guilherme de S. Gonçalves The pandemic crisis and the new paths Michelle Pimentel Duarte WSG 2: Lara Marina Ferreira of the Democratic Rule of Law 171 Luiz Magno Bastos Júnior WSG 3: Rafael Morgental Soares Volgane Carvalho WSG 4: Joelson Dias COVER TEXTS 223 Marcelo Weick Pogliese Founded in March 2015, headquartered in Brasília - Distrito Federal, the Brazilian Academy of Electoral and Political Law (ABRADEP) is composed of several professionals from the most varied backgrounds (lawyers, professors, electoral judges, members of the public ministry, media pro- fessionals, political scientists, among others) and its mainly purpose is to foster a balanced, transparent, objective and qualified debate on political reform, promoting the diffusion of themes related to electoral law and the intersection between law and politics. Through more than 260 associate members, the Academy finds representation in 25 Brazilian states and is guided by its prestige to plurality. PRESENTATION The timing could not be more exceptional. Many argue that the historic phase triggered at the beginning of the year 2020 will represent the “natural or biological” landmark to symbolize the end of the 20th century and the beginning of the 21st century. Others claim that the year 2020 and the events recorded therein will bring about the end of the modern era and the beginning of a new journey in the path of humanity. In fact, the occurrence of a pandemic with such expressive parameters of human, social and economic losses is a profound scourge, of long and painful recovery, with possible irreversible scars in each one of us. “The pandemic that becomes collective trauma, the widespread fear, the lurking pain, all this disorientates us and ends up inviting us to order affections, tenderness, sadness - and thus to discover unforeseen nostalgia, to lament previously unsuspected losses”. It is the delicate passage of Julián Fuks, verbalizing the depth of the changes experienced by each one of us in these times of uncertainty ..... and also, of changes. As it is intuitive, the advent of a serious global health crisis imposed on leaders in general, and on Brazilians in particular, the realization of a series of “tragic choices”, which involve the best allocation of public resources in the treatment of infected people, when there is no reliable scientific research on the best treatment available; that revolve around the best way to provide social cushio- ning to people in situations of economic vulnerability, considering the natural crisis, derived from a context of fear and illness; which refer to ways of preserving productive activities, democratic prac- tices, when it is necessary, above all, to protect human lives. In a country of continental dimensions and social gaps as deep as Brazil, the disease naturally made its tragic effects felt asymme- trically. Federalism, ensured by the Federal Supreme Court on a 9 public health issue, enabled the decentralization of solutions and tools due to the pandemic”, under the supervision of Rafael Mor- the dispersion of decision-making nuclei, allowing each location gental Soares; and the fourth, reported by Joelson Dias, focused (State or Municipality) to have their specific reality considered his analysis on the “The pandemic crisis and the new ways of the and faced by the nearest authority and therefore, in theory, more Democratic Rule of Law”. qualified to do so. Each of the Final Reports, presented by each Subgroup, deser- The dispersion of the decision-making nuclei, however, in a ved the most diverse suggestions and, subsequently, were submitted context of insecurities and uncertainties resulting from an unknown to voting by the entire entity, with subsequent approval. disease, resulted in the choice of the most diverse solutions, with Finally, this publication, which is, more than anything, an in- the Judiciary being multiply triggered, which generated an even vitation to reflection, and which crystallizes in time, for historical greater amplitude in the list of decision-makers, now including record, all the anxieties and all the thinking of an Academy that, Judges of all levels, up to the Federal Supreme Court. formed by Lawyers, Servants, Members of the Public Ministry and The challenges posed by a phase that can be considered a true Magistrates, felt compelled to embrace the moment of uncertainty rite of passage to an uncertain future are immense. and to take part in the debates, with only five years of existence. Problems are sensitive. The dilemmas, complex. That is where the impulse felt within the Brazilian Academy of Electoral and Political Law – ABRADEP came from. Maria Claudia Bucchianeri Pinheiro An impulse to participate. Less to offer solutions. More to share the doubts and reflections that pervade each of the difficult choices that have determined the country’s course in a pandemic theme. That is why a Working Group on the “COVID-19 pandemic crisis and the implications for the Brazilian elections 2020, on Electoral Law and the Democratic Rule of Law” was created. The creation of the group came with an invitation to all members of the Academy, so that they could take part in this “thinking space”. To discuss. To weigh. To present possibilities. As the problems were multiple, four subgroups were created: the first of them analyzed the “The impact of the pandemic on the calendar of municipal elections: coping proposals”, under the Rapporteur