[vc_row el_id=”post”][vc_column width=”2/3″ el_class=”sideLeftPost”][vc_raw_html el_id=”postImgDestaque”]JTNDZGl2JTIwY2xhc3MlM0QlMjJpbnNlcnRJbnNpZGUlMjIlM0UlM0MlMkZkaXYlM0U=[/vc_raw_html][vc_empty_space][vc_column_text]Students from IDP authored a consultation, sent to the TSE (Superior Electoral Court), regarding the possibility of the 30% gender quota rule for women in proportional representation candidacies also applying to the constitution of party bodies, such as executive committees and directorates. In a vote, the ministers of the Electoral Court confirmed the possibility of applying the rule to internal party disputes.
Check out the interview with professors Rafael Carneiro and Daniel Falcão, who are responsible for the Constitutional Law Clinic at IDP, in which the students participated.
- What is the Constitutional Law Clinic at IDP?
Rafael CarneiroThe Constitutional Law Clinic at IDP is a space for practical and active learning. It was created to involve students in strategic litigation of public interest. Students become actors and not mere observers. They are encouraged to have greater public and social responsibility.
Daniel Falcão: The Clinic is very lively in this respect. We encourage students to bring ideas and we debate the topics they present. The clinic is divided into groups, and each group focuses on a different topic.
- How did the idea of consulting the TSE (Superior Electoral Court) come about, and how was this articulated within the IDP's Constitutional Law Clinic?
Rafael Carneiro: During discussions at the Clinic, the topic of low female political participation arose. While exploring possible solutions, it became clear that legislative changes aimed at increasing female political participation have not yielded the expected results due to the low representation of women in the leadership of political parties. They are the majority of party members, but they lack proportional empowerment in leadership positions responsible for defining campaign strategies, resource allocation, involvement within the party machinery, and active participation.
Daniel Falcão: We observed that the idea was current and affirmative. We realized that, although the gender agenda (for candidacies) was already outdated, there was no discussion about women's participation within political parties. This topic ended up growing and remains relevant today.
- What did this consultation with the TSE consist of?
Daniel Falcão: The consultation is a tool of the Electoral Justice system, in which the courts answer questions. Because the Electoral Process is very concise, the 1965 Code included the idea of creating a mechanism so that some people could ask questions.
In this specific case, Senator Lídice da Mata (PSB-BA) was the legitimate representative to initiate the consultation. Our students presented the problem, provided context, and then asked two questions:
1) Should the provision for reserving seats for proportional representation candidates, as outlined in paragraph 3 of article 10 of Law No. 9.504/97, also be observed for the composition of the executive committees and national, state, and municipal directorates of political parties, their provisional committees, and other equivalent bodies?
2) If the answer to the first question is positive, will the Electoral Court, in accordance with TSE Resolution No. 23.465/2015, reject requests for registration of party leadership bodies that have not observed the percentages stipulated in § 3 of Article 10 of Law No. 9.504/97?
- Do we know how and when this rule will be put into practice? Is there any kind of oversight?
Daniel FalcãoGiven the decision, it appears to be a kind of recommendation for the parties, not a sanction. The answer to our second question was negative: there should not be any kind of sanction because the law does not provide for it. However, Minister Luís Roberto Barroso reinforced that it would be up to the TSE (Superior Electoral Court) to send an appeal to the legislature, so that it would take the action of making it mandatory, with some kind of punishment or impediment to registration for those who do not fulfill this gender quota.
Rafael CarneiroThe court established a precedent and warned parliament and political parties about the need to comply with this recommendation. It was also pointed out that, should parliament remain silent, the Electoral Court itself may, in the future, apply sanctions in specific cases.
- What is it like to see this result after the trial?
Daniel FalcãoProvoking this debate at the TSE (Superior Electoral Court) through the work of students is one of the greatest victories of my career. Regardless of whether there will be a possible sanction, it was a gigantic victory for society and for the Brazilian political landscape. It sends a message that everyone should be concerned about gender participation in Brazilian politics.
Rafael Carneiro: In my opinion, this was the most relevant measure in recent years to promote women's political participation. Major strategic decisions are made within political parties, and empowering women at these levels will result in less gender inequality in politics. We are so far from equality that we first need to achieve less inequality before reaching parity.
- What are the impacts of this decision on the Constitutional Law Clinic at IDP and on student participation in activities like these?
Daniel FalcãoThis decision will encourage and help the Clinic grow, not only in quality but also in interest. It will reinforce the idea of clinics. We have to use this as an instrument of inspiration, so that students want to help, work, and change society. It will be an incentive for students who want to roll up their sleeves and put their sweat into the work. This has to be the hallmark of IDP: we can change our reality through study and work.
Rafael Carneiro: This result marks a milestone in the history of the clinics within the IDP. It demonstrates the importance of strategic and high-impact advocacy. Students are able to perceive, through practical results, the social transcendence that the knowledge gained at the university can generate. There is an inspiring quote from Karl Marx for me: “Until now, philosophers have only interpreted the world in various ways. The point is to change it.” This is a hallmark of associating theoretical knowledge with social transformation. May this also inspire all IDP students.
- Finally, what are the implications of this result for Brazil?
Rafael Carneiro: The changes made to the legislation to increase women's political participation have not had the expected results. We believe that female empowerment within political parties will result in a greater practical impact from competitive female candidates. We expect these effects to be seen in a short period of time.
Daniel Falcão: There will be consequences, perhaps not at the pace we would like, but political parties will begin to embrace this idea, some faster and others slower. If one party moves, it already shows victory. url(http://homologacao.idp.edu.br/wp-content/uploads/2018/02/bn_contato_idp-1980×300-1.jpg?id=5274) !important;background-position: center !important;background-repeat: no-repeat !important;background-size: cover !important;}” el_class=”postCTA”][vc_column][themeum_action alignment=”left” title=”STILL HAVE QUESTIONS?” title_style=”customstyle” title_heading=”h2″ title_size=”20″ title_color=”#ffffff” title_weight=”800″ title_margin=”53px 0 0″ title_padding=”0″ btn_position=”btnright” btntext=”CONTACT US” btnurl=”/contact/” btntype=”white” btnsize=”btn-lg”][/vc_column][/vc_row]
