O controle de constitucionalidade do art. 10 § 3º da Lei 9504/1997: a questão da fraude de gênero nas campanhas eletivas femininas no Brasil

Abstract

This work proposes to analyze the interpretation of electoral laws in the face of gender equality established in the Brazilian Constitution of 1988, analyzed under the issue of gender fraud that can occur in female candidacies through the practice of what has been known as “candidates oranges”, given the formal fulfillment of the minimum legal requirement of art. 10, § 3 of Law 9,504/97, which aims to reduce gender inequality, and promote and disseminate female political participation. However, it should be noted that women are in fact inserted in a true and effective way in Brazilian politics, as the article, evidently, seems to be significantly subject to fraud by political parties, analyzing whether the electoral system is capable of producing effectively gender equality in female candidacies in the manner established by the Constitution in accordance with the provisions of §§ 7 and 8 of art. 17, CF/88 provides in its wording. In this way, party groups with particular interests advocate female underrepresentation by complying with the norm by filling the quota with fictitious candidacies, but do not implement the meaning of the law in practice, making the improper application of art unconstitutional. 10, § 3° for going against the principle of morality and equality before men and women.