Electoral quarantine: why is it essential for democracy
When security force operatives enter the elections without being properly relieved from their duties, this jeopardizes the fairness of the process and trust in institutions
CHARLES SHOLL / Brazil Photo Press via AFP)
In Brazilian, every citizen can join the political world. This right is a crucial element of the Democratic Rule of Law and it is fundamental in order to ensure plurality in political representation.
However, for people in specific careers, particularly those that have a monopoly on the use of force – such as law enforcement and the Armed Forces, additional measures must be employed to protect institutions and democracy itself.
This is the setting that originates discussions on what is referred to as electoral quarantine.
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What is electoral quarantine?
Electoral quarantine is the minimum leave period required for specific public careers, such as members of the Judiciary branch, members of the Prosecution Office and, in particular, security officials, before they may run for political office. The goal is simple and legitimate: to prevent these people from using their functions, institutional influence or public structures to obtain an advantage in elections.
In the case of law enforcement, a category that has increased its presence in elections, research shows, these measures are even more urgent. “Depoliticizing and democratizing security forces are historical challenges for Brazil. Political and partisan influence within military and police institutions is a threat to the country’s democratic stability”, state, in an article published by Folha de S.Paulo, Júlia Neiva, director of the Strengthening of the Human Rights Movement at Conectas, Carolina Ricardo, Chief Executive Officer of Instituto Sou da Paz, and Arthur Mello, advocacy coordinator of Pacto pela Democracia.
Why is this important for democracy?
Brazil has seen a rise in candidacies originating from security forces in recent years, such as police officers, firefighters, and also members of the Judiciary and the Prosecution Office. According to data from Instituto Sou da Paz, over six thousand candidates with these profiles have run in the latest elections, which indicates a trend of politicizing corporations that are historically crucial to uphold order and justice.
Though the unencumbered exercise of citizenship must be ensured to any and all persons, one must acknowledge that those that hold these offices hold significant powers and roles for the State and society. Directly entering elections without being properly relieved from duty in a temporary capacity may jeopardize not only the fairness of the process, but also the trust in Brazilian institutions.
Recent experiences show that there are concrete risks. Some problematic cases include candidates from security forces using the police structure as their basic constituency or using police cars or staff during campaigns. These situations represent not just an undue overlap between police and political activity, but also create a potential for democratic imbalance, intimidation, and irregular use of state resources in favor of private projects.
Current legislation, however, allows military police officers, for instance, to be relieved from duty in order to run for office merely two months before the elections – often remaining in strategic roles until the campaign officially starts. The short de-compatibilization period is insufficient to ensure the required levels of independence.
As defended by multiple civil society organizations, “there is no way to ensure, in so little time, that the police activities and the candidacy do not overlap”.
What does the new Electoral Code propose?
The new Electoral Code passed in the Chamber of Deputies establishes a four-year quarantine for members of the Judiciary branch, of the Prosecution Office, and security forces that wish to run for office. This proposal – endorsed by Conectas and dozens of civil society organizations – represents a crucial step in protecting the fairness and credibility of institutions. The text is currently being discussed by the Constitution and Justice Commission of the Senate, where the latest report presented by the rapporteur reduced this period to two years.
As stated in the public note signed by Conectas and 26 other entities: “Not only do we protect corporations from undue politicizing, but we also strengthen the solidity and unbiased nature of democratic institutions. […] The measure is crucial to ensure that security forces continue operating as defenders of public order, justice, and human rights – and not as instruments in the service of specific political projects”.
Electoral quarantine, particularly for security force officials, should not be considered a restriction of rights, but rather a protection of democracy. By ensuring proper leave times, we defend plurality in politics, trust in public institutions, and the integrity of the electoral process itself. This is how we will move towards a fairer, more transparent, and representative democracy.
