Implications of Enabling Permanent Residents to Vote – Threat to National Sovereignty or Realization of a Fundamental Right?

Abstract

The current final paper aims to question the impossibility for the immigrants to vote in Brazil, regardless of their residence period in the country. Currently, one of the requirements to vote in Brazil is to be Brazilian (native or naturalized), so it is impossible for foreigners to vote. “I live here, thus I vote here” is one of the most relevant campaigns to demonstrate the importance of immigrants’ political participation in a democratic state. The 18th century movement “no taxation without representation” comes in a new “drapery” in 21st century Brazil, but keeps its essence – the same non- * Recebido em 01/10/2014 Aprovado em 30/01/2015 ** Pós-graduada em Direito Constitucional pela Academia Brasileira de Direito Constitucional (2015). Graduada em Direito pelo Centro Universitário Curitiba (2013). E-mail: julianacleto@live.com CLETO, Juliana. Implicações do direito ao voto aos imigrantes: ameaça à soberania nacional ou efetivação de um direito fundamental?. Revista Brasileira de Políticas Públicas, Brasília, v. 5, nº 2, 2015 p.57-79 59 conformity. The immigrants live here, work here, respect the local laws – why, then, are they not allowed to vote? What are the derived implications of enabling permanent residents to vote? Once the immigrants become voters, many other possibilities that would not be possible are now available - donations to political parties, the creation of political parties, the bringing of class actions, popular initiative bills, participation in government programs. What would then be the most suitable position in relation to this subject? Enabling the immigrants to vote only in local elections or also the national elections? To what extent foreign political participation is no longer the realization of a fundamental right and becomes to represent a threat to national sovereignty?