Direitos políticos-eleitorais das mulheres: sub-representação, financiamento e fraude nas políticas públicas

Abstract

The political rights of women are undeniably a category of human rights, resting solemnly on the main international treaties ratified by Brazil. In spite of the recognition of these rights, it is worth noting the female under-representation in the Brazilian Legislative Houses, in spite of representing the majority of the population and the electorate. With a view to encouraging female participation in politics and changing this framework, the ordinary legislator instituted so-called "gender quotas" in the lists of candidates for councilor and deputy (state and federal), obliging political parties and coalitions to respect the minimum percentage of the 30 per cent gender application since 1997. Since its implementation, the framework has hardly changed: Brazil continues to be one of the worst countries in the world in terms of women's representation in parliament. In this context, the dissertation aims to analyze the policy of affirmative action of electoral quotas of gender implemented in Brazil. It discusses the (in) effectiveness of the legal framework that regulates this public policy in the country, drawing attention to the cases of fraud perpetrated by the political parties themselves, in order to maintain the status quo of male hegemony in the political elite in Brazil. Considerable progress will be made in case-law promoted by the Federal Supreme Court and the Superior Electoral Court through cutting-edge judicial decisions on the subject, be it in the implementation of public policies to promote women's political participation or in the imposition of very serious penalties on parties that violate the mandatory observance of the gender quota, such as a cassation of an elective term and annulment of the votes obtained. Finally, it is pointed out that the regulation of an equitable distribution of financial resources to women candidates – with the imposition of sanctions on parties that fail to comply with these legal forecasts – coupled with the mandatory presence of women in the direction of party associations, may contribute to greater equality between men and women.