TSE approves quotas of resources and TV time for indigenous people

A decision by the Superior Electoral Court (TSE) will guarantee indigenous people the right to quotas in the distribution of the electoral fund. As a result, parties must allocate resources from the Electoral Fund and advertising time on radio and television to indigenous candidates in the elections. The rule, approved by the TSE this Tuesday (27), determines that if a party presents, for example, 30% of indigenous candidates, 30% of the resources must be allocated to that group.

Despite the decision, there is still no certainty about the date of its implementation. The presidency of the TSE informed that it must carry out impact studies necessary to regulate the topic and then analyze whether it will be possible to apply it in time for the 2024 elections or the 2026 election.

The rapporteur of the case at the TSE, minister Nunes Marques, has already made it clear, however, that self-declaration of indigenous ethnicity will be necessary to access quotas (check out Nunes Marques’ full report). Furthermore, according to the rapporteur’s opinion, it will be up to the party to define its own criteria to indicate which candidacies, in fact, will be entitled to the actions.

In his report, the minister pointed out that the decision makes the body act on “an important gap in our democracy regarding the underrepresentation of original peoples”. “Actions like these must occupy the agendas of all powers to correct historical debts,” added Marques.

TSE decision on indigenous people could strengthen the headdress bench

The decision was motivated by a consultation made to the TSE by federal deputy Célia Xakriabá (Psol-MG). In her consultation, the deputy asked the Court questions about the possibility of extending to indigenous populations the same understanding given for quotas that promote female and black participation.

Thus, according to the TSE, first the percentage to be allocated to candidates by gender is calculated, and then the amount allocated to black and indigenous people is calculated, in equal proportion.

Representative Célia Xakriabá is indigenous and leads the so-called headdress bench in the Chamber of Deputies. In addition to Célia, in the current legislature, four other indigenous deputies were elected: Sônia Guajajara (Psol-SP), Silvia Waiãpi (PL-AP), Paulo Guedes (PT-MG) and Juliana Cardoso (PT-SP). After taking office, however, Sônia Guajajara took leave of office to take over the newly created Ministry of Indigenous Peoples. Among indigenous deputies, only deputy Silvia Waiãpi opposes the government of Luiz Inácio Lula da Silva (PT)

Despite the remaining uncertainties, indigenous associations celebrate the decision. “This is a victory for the indigenous movement, indigenous candidacies and the Indigenous Campaign. This project was presented by deputy Célia Xakriabá, who is now winning a very important debate in the TSE. […] We will continue to push, chant and fight so that indigenous candidacies are strengthened and have a more equal participation in 2024,” said Kleber Karipuna, executive coordinator of the Articulation of Indigenous Peoples of Brazil (Apib).

The decision was also celebrated on social media by deputy Célia Xakriabá, who made a publication using a photo of herself with minister Sonia Guajajara. “We were elected in 2022, today we are ministers and deputies, we carry the headdresses of all indigenous people in Brazil and we want more indigenous people in politics”, says the publication.

Minister Sonia Guajajara also used social media to celebrate the decision. “We built the headdress stand, and now we’re continuing to make it bigger and bigger.”