ELECTORAL OFFENCES x GENDER-BASED POLITICAL VIOLENCE IN LIGHT OF ELECTORAL AUTHENTICITY
political gender violence; electoral offences; electoral authenticity; gender quota fraud; Law 14.192/2021.
Political violence constitutes one of the main factors deterring women from political life, which reflects the low female representation in Parliament. Based on this premise, this study analyses, from the principle of electoral authenticity, whether and how, with the enactment of Law 14.192/2021, which established rules to prevent, repress, and combat political violence against women, the doctrinaire of electoral offences, specifically the abuse of political and/or economic power, irregular propaganda, and gender quota fraud, has been altered. To achieve this goal, it commences with an overview tracing the evolution of women’s attainment of political rights in Brazil. It delves into international Human Rights standards, as well as the treatment given by Latin American countries and international organizations towards gender-based political violence. The regulatory structures instituted by Law 14.192/2021 are analysed, establishing a parallel between their application and the delimited electoral offences. A diagnosis is made, based on data collected from the Superior Electoral Court, to reach a prognosis and evaluate whether there has been a change in the doctrine of electoral offences with the entry into force of the Law on political violence against women. Possible practical implications and recommendations are presented to the Executive, Legislative, and Judicial branches for the improvement of regulation and the implementation of public policies.