A efetividade das cotas de gênero no sistema eleitoral brasileiro: entre a promoção da paridade política e a prática de fraudes

Abstract

This study analyzes the effectiveness of gender quotas in the Brazilian electoral system, focusing on the fraudulent practices that undermine women's political participation, especially the so-called "orange candidacies" (sham candidates). The research begins with the historical context of women's exclusion from political life and examines the legislative changes that led to the establishment of the minimum quota of 30% of candidacies per gender, as set forth in Law No. 9,504/1997. The methodology employed includes bibliographic and documentary research, as well as statistical analysis, with particular emphasis on data from municipal elections in the state of Ceará in the years 2016, 2020, and 2024. The study reveals that despite legal advances, such as the requirement for effectively filling the quota and the proportional allocation of party fund resources, the practical implementation of these rules faces resistance from political parties. The paper also addresses the institutional challenges faced by oversight bodies, such as the shortage of human and technological resources, and the role of political parties in the enforcement of affirmative actions. Although there has been progress in female representation, such as the increase in the number of women elected as city councilors in Ceará between 2016 and 2024, the gap between the number of female candidates and those elected highlights the persistent underrepresentation of women in positions of power.