Candidates cannot be arrested from this Saturday onwards; 2nd round of the election takes place in 15 days

As of this Saturday (10), with 15 days left until the second round of the 2026 Elections, candidates cannot be arrested or detained. The determination is part of the rules set out in the Brazilian Electoral Code to guarantee the balance and regularity of the electoral process.

According to the Superior Electoral Court (TSE), temporary immunity for those who compete in the second round extends up to 48 hours after the close of voting, scheduled for October 25th.

The only exception is the case of flagrante delicto. In this situation, if an arrest occurs, the detained person must be immediately brought before a judge, who will assess the legality of the arrest.

🔎A flagrant crime is the situation in which someone is caught at the exact moment they commit a crime, immediately after committing it or when they are found with weapons and objects that make it presumed that they were responsible.

The Electoral Code also establishes rules for other actors in the electoral process in specific periods:

Voters and voters: immunity from arrest begins five days before the vote and lasts up to 48 hours after the end of the election, except in flagrante delicto, due to a criminal sentence for a non-bailable crime or for failure to comply with a safe conduct issued by the Electoral Court.

Poll workers, poll workers and party inspectors: in the 15 days before the election, when carrying out their duties, they cannot be arrested or detained, unless there is a flagrant crime.

Voter ballot box in Ceará — Photo: Fabiane de Paula/ SVM