With rules that establish gender and race quotas on slates, there is no transparency regarding the racial self-declaration of candidates for different positions and the gender of competitors.
Questioned by Sheetthe OAB-SP denied access to data on the candidacies and sent a note from the Electoral Commission citing the LGPD (Personal) as justification. Data grouped by types of positions, such as directors and federal advisors, were also denied.
Lawyers specializing in data protection interviewed by the report state that the disclosure of sensitive data without authorization could come up against the LGPD, but that there would be ways to expose the information, such as collecting consent from those who apply to compete for the Order.
Given the lack of official information from the entity, the Sheet is collecting aggregate data from each of the plates.
Without the data being made publicly available, not even for the candidates, one of the aspects affected is the monitoring of competitors’ compliance with the rules, with a view to possible challenges being filed. It is also not possible to assess how the most important positions are being distributed based on these criteria.
with candidates for president, vice-president, secretaries, treasurers and counselors.
The composition must comply with . While the first also applies to different categories of positions, such as the board of directors, and to full and substitute positions, the racial rule only refers to the list as a whole.
It is up to the Electoral Court to decide whether the tickets meet the rules and grant or reject them.
It is also responsible for evaluating the objection request. According to OAB-SP, the Electoral Commission. It is not possible to know, however, which groups were questioned.
The information provided was that these processes could be related to any of the 392 slates registered in the state – there are 6 slates competing for the São Paulo section (with almost 200 members each), in addition to 386 slates with five members competing for the subsections.
In the same note, she informed that the main reasons for challenge involved non-compliance with racial diversity and gender parity quotas, in addition to candidates holding commissioned positions, which is prohibited by OAB rules. The teams then had the possibility of appealing the decisions or replacing their names.
Speaking to the press after a public event at the OAB-SP headquarters this Tuesday (12), the president of the Electoral Commission, Marcio Kayatt, stated that the commission analyzed all the names. And he also stated that all cases were forwarded to the hetero-identification subcommittee, which is responsible for issuing an opinion on self-declaration.
According to him, in some cases the subcommittee issued an opinion, but not in all. He also added that there were cases in which comparing the candidates’ photos left the electoral commission’s deliberation safe.
“We have in the provision that regulates elections a rule that says that, if there is no challenge, the self-declaration is presumed to be true. Some cases [sub]commission did not analyze, and then the electoral commission carried out its analysis”, he said.
When denying the request regarding the composition of the slates from a gender and racial point of view, the commission cited the LGPD and pointed out that the disclosure of this information could only be done “in specific situations and with the consent of the holder or his legal guardian”.
Lawyer Thiago Sombra, partner at the firm Mattos Filhos, says that even the disclosure of aggregated data would conflict with the LGPD due to the reduced number of people in certain positions. According to him, only if the candidate gave authorization would sharing be possible.
Mariana Rielli, co-director of the organization Data Privacy Brasil, states that an alternative would be for the entity to collect the consent of candidates registered on the slates to disclose the data. She makes a reservation, however, that there would have to be the possibility of this authorization being revoked in the future.
Another possible path, she says, more open to questioning, would be for the OAB to make an expansive interpretation that, based on the diversity rules of the slates, there would be an obligation of transparency of this data.
Candidate for president of OAB-SP, Renato Ribeiro criticized the use of data protection law as a justification for denying disclosure. “Anyone who is concerned about the LGPD does not become a candidate,” he says, highlighting the extent of information disclosed in elections for political positions.
Carlos Kauffmann, who is also a candidate in this election, says he hopes that the hetero-identification panel will carry out due control. He also defended the publication of self-declaration information in a format such as DivulgaCand, maintained by the Electoral Court.
Silvia Souza, who is now a federal advisor for the entity and is running again for the position on Leonardo Sica’s ticket, did not rule out the possibility of improving the process at each election and highlighted the fact that the installation of the subcommittee, carried out by OAB-SP, it was optional. For her, the measure should be mandatory in all sections, and not a possibility.
Understand OAB election rules in SP
What is in dispute
The command of the OAB-SP, headquartered in the capital, and the 257 subsections spread across the state
Who is running for command of the entity
- Six candidates are in the running
- Each has almost 200 members, distributed in different positions
- Each board, which includes president and vice-president, has 5 people
- Candidates for the OAB Federal Council are 6 per ticket
- The majority of positions are full and alternate state councilors
Subsections
- 386 candidates compete for subsections
- Each of them is made up of 5 members
- More than half of the subsections have a single plate
Diversity rules
- The slates must have 50% of people of each gender, a percentage that must be respected within the different positions, including incumbents and substitutes
- They must also observe the minimum of 30% of black lawyers, the rule however refers to the list as a whole
