The Superior Electoral Court (TSE) reaffirmed today (30) that the minimum percentage of 30% of female candidacies in proportional elections must be fulfilled independently by each association of the same party federation.
The TSE judged a consultation made by the federation composed of PT, PCdoB and PV. The parties questioned whether the 30% percentage could be met by the federation as a whole, without each party complying with the rule individually.
The answer unanimously approved by the plenary of the TSE, this question had already been answered in a resolution approved in December, which expressly states that in the “proportional election, the minimum percentage of candidacies by gender must be met both globally, in the list of the federation , as well as for each party, in the nominations made to compose the list”.
“If it were just the federation, to haveWe went to the possibility of emptying, a somewhat informal fraud of not complying with an affirmative action”, said Minister Cármen Lúcia who, like the others, followed the vote of the rapporteur, Minister Mauro Campbell.
Following the same logic, the plenary answered that it was not possible for any of the parties to present only one candidate for the proportional elections – in this year’s case, for federal deputy. This is because in the case of a single candidacy it would not be mathematically possible to meet the 30% quota of women.
On this point, only the president of the TSE, Edson Fachin, differed. He followed the opinion of the Electoral Public Ministry, according to which, in the case of a single candidacy, it should be from a woman, in order to fulfill the quota of female candidacies.
