Provisional prisoners retain the right to vote, while Bolsonaro is ineligible due to a definitive conviction

The two are provisionally detained and, therefore, retain the right to participate in the elections.

Former president Jair Bolsonaro cannot vote. He was sentenced by the Federal Supreme Court (STF) to 27 years and three months in prison for five crimes related to the coup plot and began serving his sentence in November 2025. Since March, he has been under house arrest.

The difference occurs because the Constitution provides for the suspension of political rights when there is a definitive criminal conviction.

Vorcaro is preventively detained in the 19th Military Police Battalion of the Federal District, a unit known as Papudinha. The defense asked in September for the prison to be revoked.

Stefanutto is also in pre-trial detention. The former president of the INSS was arrested in November 2025 in Operation Without Discount, which investigates irregular discounts on retirement and pensions.

In August of this year, the Federal Police reported having indicted Stefanutto in a new investigation related to the case.

Antônio Carlos Camilo Antunes, known as Careca from INSS, also asked to vote this Sunday, according to interlocutors.

The defense, however, was informed that he might not be able to exercise his right due to logistical problems.

Antunes has been in prison since September 2025. He is identified by the Federal Police as one of the main operators of the investigated scheme of irregular discounts on INSS benefits.

Article 15 of the Constitution establishes that the suspension of political rights occurs due to a definitive criminal conviction, while its effects last.

Therefore, anyone who is in provisional prison, without a definitive conviction, continues to have political rights and can vote, as long as they have met the requirements of the Electoral Court to participate in voting in the prison establishment.

In April, the Superior Electoral Court (TSE) concluded that a rule in the so-called Anti-Faction Law that provides for the suspension of the political rights of pre-trial detainees could not be valid in the 2026 elections, due to the constitutional principle of electoral annuality. As a result, pre-trial detainees continued to be able to vote this year.

The holding of the vote also depends on the organization of the Electoral Court and the authorities responsible for the prison unit.