Desconsideração da eficácia política do voto nulo como óbice à consolidação democrática: reflexões sobre a liberdade de voto

Abstract

This paper aims to make a dogmatic and legal-sociological analysis about null critical voting in the electoral process. It questions the real scope of freedom to vote and the equality of treatment with regards to voting choices in the context of the democratic rule of law, since according to the current interpretation the choice for annulment doesn’t bring any legal or political effects. Apart from the existence of a constitutional provision that excludes from the counting of valid votes null votes, the juridical interpretation confirms the disqualification of that will, terming it as an "apolitical manifestation". With regards to this situation, the intention of this paper is to undertake a research on statutory, comparative and case law, combined with socio-political considerations to the political movements which endorse null voting. From these investigations it is possible to draw up the notion that a true democracy should legitimate any political manifestation that does not intend to annihilate the idea of democracy itself. Therefore, null votes should be reclassified as political will relevant enough to call for a new electoral process in situations when the majority of citizens are deemed largely dissatisfied with the list of candidates presented.