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Article 236 of Brazil's Electoral Code prohibits the arrest or detention of any voter starting five days before an election and continuing until 48 hours after polls close, with narrow exceptions only for crimes caught in the act or non-bailable criminal sentences.
- Law enforcement officers who detain a voter in violation of those rules face up to four years in prison, giving police a legal incentive to stand down even in the presence of criminal activity.
- Candidates enjoy an even wider shield — 15 days of pre-election arrest protection — and organized crime groups have repeatedly exploited both windows across successive electoral cycles.
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Heading into the October 4, 2026 general elections, Rio de Janeiro's electoral court has relocated dozens of polling stations in gang-controlled territory, while Brazil's Superior Electoral Court pursues an unprecedented campaign to keep candidates with alleged criminal ties off the ballot entirely.
A Brazilian drug trafficker can spend the morning of October 4th moving product through the outskirts of São Paulo with near-impunity — not because he outwitted the police, but because a 61-year-old electoral law has temporarily made his arrest a criminal offense for any officer who attempts it.
