Desincompatibilização eleitoral para líderes religiosos no Brasil: uma análise sobre a lacuna legislativa e o equilíbrio da disputa eleitoral

Abstract

This article analyzes the legislative gap in the Brazilian electoral system regarding the requirement of electoral disqualification (desincompatibilization) for religious leaders who run for elective office. Its objective is to examine whether the absence of a specific rule requiring the prior withdrawal of such agents from the leadership of their communities creates an imbalance in the electoral contest and violates the principles of equality, the secular nature of the State, and the normality of elections. The research adopts a deductive method, based on a doctrinal bibliographic review, documentary analysis of the current electoral legislation, and an examination of the case law of the Superior Electoral Court concerning the abuse of religious power. The findings indicate that legislative omission is incompatible with the treatment afforded to other professional categories endowed with comparable power to influence voters, and that the jurisprudential approach, although relevant, is insufficient due to its repressive nature and the absence of express legal typification. The article concludes that legislative intervention is necessary to include, in Complementary Law No. 64 of 1990, a hypothesis of relative ineligibility for religious leaders who meet objective criteria, such as a minimum period of prior withdrawal from office before running for election, analogous to that already required of other categories.