Os efeitos jurídicos do descumprimento do art. 10, § 3o, da lei nº 9.504/1997 (cota de gênero) nas candidaturas femininas

Abstract

This paper aims to analyze the legal effects of violating article 10, paragraph 3, of Law no. 9.504/1997, which establishes the minimum gender quota for proportional elections, with emphasis on fraud related to fictitious female candidacies. The research follows a qualitative approach, based on bibliographic review and analysis of legislation and case law, especially considering the landmark ruling of Valença do Piauí (2019), the issuance of TSE's Súmula 73, and the Brazilian Supreme Court’s decision in ADI 6338. The study demonstrates that, although the Electoral Court has adopted a strict interpretation that invalidates entire slates in cases of fraud, there are still recurring party practices that undermine the rule’s effectiveness. It also points out that legislative initiatives granting amnesty—such as Constitutional Amendment no. 117/2022—constitute a setback to accountability. Despite the scarcity of consolidated bibliography due to the subject’s recent evolution, this research offers a critical reflection on female political participation and the effectiveness of affirmative actions in the electoral process.