Gender Affirmative Actions and Greater Participation Female in Politics: Overcoming “Inaptitudes” With Amartya Sen

Objective: The objective of this study is to investigate affirmative actions within the framework of John Rawls' and Amartya Sen's theories, with the aim of analyzing how these theories have influenced the strengthening of the idea of human dignity in contemporary times and the promotion of female political participation. Theoretical Framework: This section presents the main concepts and theories that underpin the research. The focus is on John Rawls' theories of justice and Amartya Sen's capabilities approach, providing a solid foundation for understanding the context of the investigation. Method: The methodology adopted for this research comprises a jurisprudential review and an analysis grounded in a dialectical perspective. Data collection was conducted through the analysis of judicial cases and legal documents, particularly within the Brazilian context of fictitious candidacies and the demand for the implementation of gender equality policies. Results and Discussion: The results revealed the necessity for decisions by national courts in cases of gender quota fraud to also be based on a gender perspective. In the discussion section, these results are contextualized in light of the theoretical framework, highlighting the implications and relationships identified. Possible discrepancies and limitations of the study are also considered in this section. Research Implications: The practical and theoretical implications of this research are discussed, providing insights on how the results can be applied or influence practices in the field of gender equality in politics. These implications may encompass the formulation of public policies and judicial actions in cases of electoral fraud. Originality/Value: This study contributes to the literature by proposing the maintenance of legitimately elected female candidates who did not participate in electoral fraud, and, from this number, the recalculation of the legal quota proportionality, as a means of strengthening the fundamental right to gender equality. The relevance and value of this research are evidenced by the potential application of its results in improving the effectiveness of affirmative actions in the political context.