À sombra da cassação: candidaturas fictícias femininas e os desafios legais na política brasileira

Abstract

The fraud related to female participation quotas and the proliferation of fictitious candidacies, also known as “orange” candidacies, have represented a significant obstacle to the greater inclusion of women in Brazilian politics and equality in occupying spaces of power. Consequently, with the tightening of electoral rules regarding gender quotas, many parties have resorted to illegal strategies to participate in elections without obeying the dictates of legislation and the Superior Electoral Court. With the aim of investigating this scenario, this research is conducted based on a bibliographic and documentary analysis, adopting an exploratory, descriptive and qualitative approach to the referenced data. Initially, to understand the consolidation of women's political rights in Brazil and their leading role in this struggle, the study offers a comprehensive view of the achievements and challenges that mark women's insertion in politics. The analysis ranges from the feminist movements that preceded obtaining the right to vote, through the promulgation of the 1988 Constitution, to the affirmative policies implemented to encourage women's participation. Next, the characteristics of fictitious candidacies are discussed, with the aim of exposing fraud regarding gender quotas and understanding the TSE's stance in relation to cases of fictitious candidacies. Therefore, the study seeks to investigate how these fraudulent candidacies are developed and used by parties to capture funding intended for women, in addition to analyzing the negative impact of these practices on legitimate female candidacies. Finally, the work presents and explains the appropriate measures to combat these frauds, discussing their consequences and observing the application of these sanctions in specific cases. In particular, the impact of mass disqualification is examined, which can, paradoxically, make it difficult for women who genuinely run for office to participate.