A FRAUDE NA COTA DE GÊNERO E SEUS EFEITOS JURÍDICOS: A EXCLUSÃO FEMININA NO PROCESSO ELEITORAL E AS RESPOSTAS DO ORDENAMENTO JURÍDICO.
This paper aims to analyze the effectiveness of the gender quota policy established in article 10, §3, of Law No. 9.504/1997, in light of the recurring practice of fraudulent female candidacies. Based on a legal-dogmatic approach, the study examines the legislative and jurisprudential evolution of gender quotas, the historical construction of female exclusion from politics, as well as the structural barriers faced by women in the Brazilian electoral process. The research also investigates the role of the Electoral Justice in supervising and punishing fictitious candidacies, highlighting applicable sanctions and legal mechanisms for filing complaints. Furthermore, it analyzes the reactions of political parties to legal requirements, identifying institutional changes and internal initiatives aimed at expanding female representation, although often limited by strategic interests. The study adopts the premise of defending gender parity democracy and the understanding that the presence of women in positions of power is essential for gender justice and the strengthening of the democratic regime. Based on the analysis of decisions by the Superior Electoral Court (TSE), specialized legal literature, and official documents, the study concludes that, despite progress, the effectiveness of gender quotas still depends on stricter oversight, cultural changes within parties, and a more assertive role of the Judiciary in combating fraud. This research is nonpartisan and primarily seeks to reinforce the importance of including women in the political process as a commitment to the principles of equality and representativeness.
Authors
- Erliene dos Santos Sousa (ORCID: https://orcid.org/0000-0002-6377-9985)
- Evandro de Souza Queiroz (ORCID: https://orcid.org/0000-0002-2995-8752)
Publication Details
- Journal
- Revista fisio&terapia.
- Published
- 2025-05-18
- DOI
- https://doi.org/10.69849/revistaft/pa10202505181452
- Primary Topic
- Legal Issues in South Africa
- Type
- article
- Field-Weighted Citation Impact
- 0.00