This created a scenario of uncertainty regarding compliance with quotas for the distribution of public funds by parties for candidacies of black and brown people in 2024.
Data on the accountability of candidates to the (Superior Electoral Court) until December 10th analyzed by Sheet indicate that the rule in force at the beginning of the campaign was not followed by the majority of the ten parties that received the most resources from the electoral fund.
Accordingly, the parties would be obliged to distribute the funds proportionally to the candidacies of black and non-black people, considering gender.
however, established the application of at least 30% of public funds in candidacies from black and brown people. It is based on this percentage that the majority of parties contacted by the report say they met the quota.
While the total number of black candidates in the elections ranged from 43% to 57% in the largest parties, the percentage of the electoral fund allocated to them was between 34% and 43%.
The accountability of candidates and parties is mandatory, and the deadline ended on November 16th. It will be up to the first instance to appreciate them.
for the approval of the Amnesty PEC, which forgives irregularities such as non-compliance with the racial quota in 2020 and 2022 and establishes a transfer percentage. The amendment came into force on August 22, when the electoral campaign was already underway.
The Constitution provides for a minimum period of one year for the application of laws that interfere in elections. However, there is no mention of whether the deadline also applies to constitutional changes. Given the impasse, it will be up to the Court to establish an understanding.
Former president Jair Bolsonaro’s party was the party that received the largest share of the electoral fund, R$888.7 million. Next comes President Lula’s , with R$619.8 million, and , with R$538.6 million.
The accountability of black candidates, considering only men, indicates that no party made the transfer in a proportional manner, according to the TSE.
The ones that distanced the most were PT, which allocated 38% to 58% of candidates, and , sending 33% of funds to 53% of candidates.
For black candidates, only Republicans and União Brasil complied with the proportionality rule, with transfers of 55% and 56%, respectively — above the total number of candidacies. The PDT was the one that distanced itself the most, transferring 37% of the fund to 53% of the candidates.
The lowest transfer percentages were from the PL. The party allocated only 28% to the 44% of black candidates and 36% to the 42% of black candidates.
If the total number of black candidates in the dispute are considered, the sum of men and women, the PL is also in the bottom, with a share of 27% in the background for 57% of black candidates. The percentage places the party below even the 30% predicted by the new amendment.
In a note, the acronym says that it allocated 31% to black candidates. He adds that the analysis of compliance with quotas is carried out based on the accountability of the party’s national directory and through specific bank accounts.
The PT says it allocated 35% of its electoral fund to black candidates and that this information is included in the party’s electoral accounts.
“It is possible that many applications have not provided accounts or have provided partial accounts and are still in the process of rectification”, he states. He also says that there is no room for speculation about the application of the new amendment, citing an individual decision by the minister of the (Supreme Federal Court) Cristiano Zanin, who rejected the request for suspension made by the Attorney General’s Office.
União Brasil said it had allocated 56% of the fund to black people, above the 30% required by the amendment, also defending the new rule based on Zanin’s decision.
The PSDB also claims that it sent 30% of the fund’s resources to black women and men. The Republicans say they met the percentage provided for by the new amendment.
For Maíra Recchia, president of the OAB-SP Electoral Observatory and member of Abradep (Brazilian Academy of Electoral and Political Law), the application of the rule for the 2024 elections should be questioned directly in the STF as it is a constitutional issue. She explains that Zanin’s decision, as it is individual, is not definitive and argues that the percentage should not be treated as a limitation.
“If we are talking about affirmative action, the 30% percentage cannot be seen as a ceiling. It is important that, when applications exceed this percentage, there is a proportional transfer so that there is greater competitiveness”, he says.
Electoral lawyer Isabel Mota, member of Black Sisters in law, states that it is necessary to respect the principle of annuality.
“The Electoral Court will have the floor to say about the possibility of applying a rule that does not observe the constitutional principle of annuality. It is the guarantee that competitors know in advance the rules to which the electoral election will be subject.”
Transfer to women
All ten parties also failed to comply with the determination of transfer proportional to the number of candidates launched. Furthermore, with the exception of the PT, most parties also disobeyed the provision of not passing on less than 30% to women. The PT says that the transfer was close to 42%.
The lowest percentage for women was from PL, which allocated 21% to 33% of the candidates – also the greatest distance, tying with Podemos, which sent 21% of the fund to 34% of the candidates. According to the PL, its transfer was 35%.
União Brasil said it had transferred almost 36% of the fund to the candidates; the PSD, 33%, the MDB, 35%, and the Republicans, 34%. The PDT says it sent 36% of the electoral fund to the candidates. Podemos said that there are no decisions from the Electoral Court that the party failed to comply with the transfer percentages for women and black people.
They were contacted and did not respond until the report was completed.