Democracy, freedom and vote equality: the effectiveness of the right to free transportation on election day

Abstract

This article addresses the issue of the relationship between voting freedom and equality, with the guarantee of free faire for voters, considering the context of the 2022 elections, when court decisions allowed free urban public transport for the first time. The Brazilian reality imposes the recognition of a significant social and economic inequality in which the costs of exercising the duty/right can be a burden to a large part of the population. In that regard, this article conjectures both the constitutionality of guaranteeing free public transportation for voters and questions whether the costs of transportation influences turnout. Even in the face of an inconclusive response, there is a positive impact on democratic quality. The issue is analyzed in four topics: i) the effects of free public transportation on election day through the prism of the principles of freedom to vote, the right to transport, and the principle of equality, based on literature; ii) urban planning and electoral legislation regarding the granting of free transport for voters, opposing the obligation to vote and absence penalty; iii) the role of the Superior Courts in enabling
free transportation in the context of the 2022 elections; and iv) finally, the legislative proposals and future perspectives for the legal guarantee of the right to free public transport as a requirement for the quality of democracy.