PGR defends that amnesty for parties that failed to comply with quotas is “inadmissible setback”

The interim Attorney General of the Republic, Elizeta Ramos, issued an opinion opposing the amnesty granted by Constitutional Amendment 117/2022 to political parties that did not allocate minimum resources to women, black people and programs to encourage female participation in the last elections. For the PGR, the rules “mean an unacceptable setback in affirmative policies”.

Two articles of the amendment are the target of a direct action of unconstitutionality (ADI) filed by the Rede Sustentabilidade party and the National Federation of Quilombola Associations (Fenaq) in the Federal Supreme Court (STF). The rapporteur is the President of the Court, Luís Roberto Barroso, who has already signaled that he should take the case to the STF plenary and, thus, avoid a monocratic decision on the issue.

“Legislative arrangements that, in any way, imply underrepresentation of women and black people in politics below the levels already achieved, in addition to violating the material limits on the power to amend the Federal Constitution, mean an unacceptable setback in affirmative policies aimed at ensure political gender and racial equality”, said the prosecutor.

According to the PGR, the provisions of the amendment prevent the application of any type of sanction, such as refund of money, fine or suspension of the Party Fund, to parties that did not meet the minimum quota of funding due to gender and race until 2022, informed the Brazil Agency. The text was promulgated in April 2022.

Since the 2018 elections, parties have been required to allocate at least 30% of public campaign resources to women. As of 2020, it also became mandatory to divide resources in the exact proportion between black and white candidates. When speaking out for the origin of the ADI, Ramos highlighted the principle of prohibiting retrogression. The PGR also disputes the argument that the questioned rule seeks to protect legal certainty.

The trial may coincide with the processing in Congress of another matter along the same lines: the proposed amendment to the Constitution (PEC) 9/23, known as the Amnesty PEC, which prevents punishments for political parties that fail to comply with minimum gender and race quotas. in the 2022 elections. The Chamber’s special committee analyzes the proposal. At the end of September, the vote on the opinion of the rapporteur, deputy Antonio Carlos Rodrigues (PL-SP), was postponed. He will present the third version of the text based on suggestions presented by members of the commission.