Author:

VOLGANE OLIVEIRA CARVALHO

Abstract:

The current study means to carry out a critical analysis of the Law nº 13.165/2015 which recreated the printed vote in Brazil, from the perspective of the Federal Supreme Court’s decision rendered in the Direct Action for Unconstitutionality nº 4.345. To accomplish the proposed objective it will be started from the analysis of the Ministers Cármem Lúcia (reporter) and Gilmar Mendes’ votes, which, although agreed in merit, diverged on the arguments utilized to recognize the unconstitutionality of the norm. Therefore, the true macula of the norm derives from the possibility of breach in the vote’s confidentiality and creation of unwanted distinction among the voters on the exercise of suffrage. Likewise, it is not acceptable the principle of interdiction of retrocession to be drawn back of the constitutionality control process on the grounds that it turns out to elevate infra-constitutional norms to the constitutional dignity.