Cota de gênero nas eleições brasileiras: uma análise histórica da participação das mulheres na política brasileira e sul-americana e o sistema sancionador brasileiro diante de fraudes à cota, à luz da jurisprudência do Tribunal Superior Eleitoral

Abstract

Women's participation in the most different spaces of society has always been very difficult, given the existence of several obstacles that prevented their prominence in social circles, such as prejudices and the idea of submission to the male figure. In the political context, over the years and the evolution of society itself, some legislation began to adopt affirmative actions that aimed to increase women's participation in the electoral scenario. Starting in the 90s, several South American countries began to adopt a gender quota policy in their elections. In Brazil, it was Law 9,504/97 that introduced the requirement that, of the total number of applications, at least 30% must be filled by female candidates. Although this command constitutes a major advance in the field of women's rights, the use of fictitious candidacies, popularly called “orange” candidacies, is commonly seen in Brazilian electoral campaigns, in which women apply only so that the party can meet the percentage required by law, because in practice, these women don't even campaign. To worsen the problem, the legislation in question failed to outline the procedural mechanisms and sanctions to be applied by the judge in the event of gender quota fraud, thus leaving it up to jurisprudence to conceptualize the fraudulent scenario, as well as to define the sanctions due. Therefore, through this research, we seek to analyze the application of the gender quota policy in Brazil and Latin America, verifying its efficiency and how jurisprudence has evolved in the task of providing the state's response to illicit devices that aim to circumvent this affirmative action.