GENDER AFFIRMATIVE ACTIONS AND GREATER PARTICIPATION

Objective: The objective of this study is to investigate affirmative actions within the framework of John Rawls' and Amartya Sen's theories, with the aim of analyzing how these theories have influenced the strengthening of the idea of human dignity in contemporary times and the promotion of female political participation. Theoretical Framework: This section presents the main concepts and theories that underpin the research. The focus is on John Rawls' theories of justice and Amartya Sen's capabilities approach, providing a solid foundation for understanding the context of the investigation. Method: The methodology adopted for this research comprises a jurisprudential review and an analysis grounded in a dialectical perspective. Data collection was conducted through the analysis of judicial cases and legal documents, particularly within the Brazilian context of fictitious candidacies and the demand for the implementation of gender equality policies. Results and Discussion: The results revealed the necessity for decisions by national courts in cases of gender quota fraud to also be based on a gender perspective. In the discussion section, these results are contextualized in light of the theoretical framework, highlighting the implications and relationships identified. Possible discrepancies and limitations of the study are also considered in this section. Research Implications: The practical and theoretical implications of this research are discussed, providing insights on how the results can be applied or influence practices in the field of gender equality in politics. These implications may encompass the formulation of public policies and judicial actions in cases of electoral fraud. Originality/Value: This study contributes to the literature by proposing the maintenance of legitimately elected female candidates who did not participate in electoral fraud, and, from this number, the recalculation of the legal quota proportionality, as a means of strengthening the fundamental right to gender equality. The relevance and value of this research are evidenced by the potential application of its results in improving the effectiveness of affirmative actions in the political context.


INTRODUCTION
Women each day more seek to occupy public spaces traditionally entrusted to men, so that little by little they are achieving representation in the spaces of power.This can, in fact, generate a real interference in the elaboration of public policies, and even strengthen our Democratic State of Law, which, as enshrined in the Preamble of the Federal Constitution of 1988, is intended to ensure equality and justice as the supreme values of a fraternal, pluralistic and without prejudice society.
However, as regards political participation, as addressed by data from the Supreme Electoral Court, in relation to the 2022 elections, women's under-representation still occurs, either in the framework of elective mandates, or in the area of party representation and internal support to parties, despite the provision in our Federal Constitution of the right to equality between men and women (Art.5, I), a rule that, in itself, in relation to female political participation, proves more formal than substantive.This fact is also maintained despite there are specific laws aimed at gender parity in politics, such as the Law of Elections -Law No. 9.504/1997(Brazil, 1997), which, after the edition of Law No. 12.304/2009(Brazil, 2009), now ensures, in its Article 10, §3 o , a minimum fill percentage of 30% and maximum of 70% for "applications of each sex" in proportional elections.
Another important amendment of the Elections Law was through Law 13.165/2015 (Brazil, 2015), which established a minimum percentage of resources of the Party Fund for female candidatures, which, after having been the subject of ADI No. 5.617/18, judged to be well founded, guaranteed at least 30% of the resources of the Party Fund for female candidatures.
In addition, there is also Law 14.192/2021, which establishes norms to prevent, suppress and combat political violence against women.In addition, there is the recent Constitutional 4 Amendment No 111/2021, which requires the counting of twice the votes given to women and black people in the calculation for the distribution of party and electoral funds.
Thus, in a social and historical context of structural gender inequalities, from an analytical perspective, affirmative actions are considered tools of social transformation, starting from the recognition that existing contradictions give rise to new contradictions, which require solutions.
Assuming that "It is the real individuals, their action and their material conditions of existence" that build the world and rationality (Marx & Engels, 1998, p. 10), one must verify the concrete relationships behind the appearance of phenomena, in this case the difficulty of inserting women into the public space.Specifically in the field of politics, it is sought, through the dialog between the Theories of Justice of John Rawls and Amartya Sen, to examine the (in)sufficiency of policies based on purely formal equality and the ways of materializing gender equity, particularly affirmative actions that have the ability, in the world of facts, to crack structural inequalities.
From this point of view, the objective was to assess the theoretical foundations of affirmative actions, analyzed as means of effecting fundamental constitutional principles, such as equality and human dignity, demonstrating their importance in the present day.In this context, we examined the gender electoral quota provided for in the Law of Elections, in its Article 10, § 3 o , and the most recent understandings of the Supreme Electoral Court -TSE on the subject, with emphasis on cases of attempted fraud.
In this line, as a research problem, it was analyzed the desirability of the decisions of the national courts in cases of gender quota fraud also be guided by the gender perspective, since currently, once fraud is recognized, as a rule, there is the impeachment of all candidates and candidates elected by the respective party.This time, it was questioned whether the candidatures of legitimately elected women in such cases should be maintained, as a way of densifying the fundamental right to gender equality.
This time, it was assumed that decisions, even if based on affirmative action rules, may have an exclusionary bias, if applied in a generic way, which is why the gender protective rules themselves must be interpreted in the light of the application of the principle of substantive equality and its practical results in relation to the group it seeks to protect.

STANDARDS AND INTERPRETATIONS
In Brazil, female participation in elections has always been very low.Nevertheless, especially in recent years, this has been recognized in our society, and legislative and judicial actions are being taken, with a gradual change of this scenario.The Superior Electoral Tribunal -TSE (Brazil, 2022a) presents data regarding female participation in several elections (general and municipal) and, specifically regarding the elections of 2022, despite a slight growth compared to previous elections, the numbers continue pointing to the large underrepresentation.It can be seen that women make up the majority of the Brazilian electorate, 53%, but represent only 34% of the candidates and 18% of those elected
For the Senate, in the elections of 2022 (Brazil, 2022), the candidates represented 23.9% of the candidates, resulting, in the overall picture of 27 elected, 4 women, or 14.8% of senators.
In relation to the Chamber of Deputies, also in 2022, they represented 35% of the candidates and 17.7% of those elected.Regarding the political parties, of the 31 registered in the TSE (Brazil, 2022b), only 4 have female presidents, also revealing this low representation in the intra-party ambit, with the stability of male leadership in the parties.It is noted, however, that our scenario does not differ from the international context, where the percentage of women in parliaments worldwide reached a range of approximately 25% (Brazil, 2022a) in 2024:

Percentage of women in national parliaments
Source: (Brazil, 2022b).
Strengthening women's participation in power spaces is essential for gender equity.7 The Law of Political Parties, amended by Law 13.877/19, stipulates that at least 5% of the Party Fund must be allocated to programs for the political promotion of women (Brazil, 2015).ADI nº 5.617/18 declared unconstitutional the temporal limitation of the reserve of resources for women's campaigns, equating the minimum of female candidatures with the minimum resources of the party fund (Brazil, 2018).
We can see the important counter-majority role being played by the Supreme, strengthening the application of the constitutional principles of substantive equality and political pluralism, through a greater effectiveness of affirmative actions, particularly the quotas for women in politics, which need to be accompanied by financial resources that empower the female gender in public spaces, historically destined to men.
In its turn, the TSE, in Consulta 0600252-18/DF, applying the reasons of ADI 5.617/18, concluded that the distribution of the resources of the Special Fund for Campaign Financing (FEFC) and free campaign advertising time on radio and television should observe the minimum percentages of candidacy by gender, according to Article 10, § 3, of Law No. 9.504/97, following the guidance of the Supreme Court in ADI 5617.In case of higher percentage of applications, there should be increased resources and advertising time in the same proportion (Brazil, 2020).In Consultation 0603816-39/20, the TSE determined that the gender reserve of 30% of the applications for women should also be applied to the constitution of party bodies, such as executive commissions and national, state and municipal directories (Brazil, 2020).These decisions help to break structural inequalities, often invisible, by claiming that women are not fit for politics, perpetuating the naturalization of the domestic space as feminine and the disempowerment of public spaces.The sexual division of labor penalizes women twice, excluding them from certain areas and restricting their rights by not occupying them.Thus: Inscribed in things, the male order is also inscribed in the bodies through tacit injunctions, implicit in the routines of the division of labor or in collective or private rituals (one need only recall, for example, the practices of marginalization imposed on women with their exclusion from the masculine places) (Bourdieu, 2020, p. 46).
In studies on symbolic male domination, Bourdieu (2020) recognizes that this domination is structural and naturalized, which is why it is perpetuated, as if it were not part of a historical process.The presence of women in politics generates belonging to such social places and, as a result, has the potential to crack the feeling of inadequacy to such spaces.
It is worth noting the refinement of these interpretations with the provisions of the Convention on the Elimination of All Forms of Discrimination against Women, ratified by In addition, they include some of the Sustainable Development Goals of the UN 2030 Agenda, particularly SDG 5, which states: "Achieving gender equality and empowering all women and girls", as well as SDG 16, which states: "Promoting peaceful and inclusive societies for sustainable development, providing access to justice for all and building effective, accountable and inclusive institutions at all levels" (UN BR, 2015).
In 9

AFFIRMATIVE ACTIONS TO INCREASE FEMALE PARTICIPATION IN POLITICS -ELECTORAL QUOTAS
Affirmative actions, besides having as their characteristic the pursuit of a robust justice in a given society through institutions and policies, aim, besides ameliorating formal inequalities, to balance a certain inequality until the point of its normative core fulfills its objective of ending "manifest" injustices and its action ceases to be "affirmative", being only the reflection of the structure of justice integrated by free and emancipated persons (Reis;Weschenfelder, 2019, p. 212).
This article recognizes as the legitimizing foundations of affirmative action both the "theory of justice" of John Rawls (2008) and its principles justifying public decisions, guiding fair institutions; as well as the "approach to capabilities" of Amartya Sen (2011) and the need for analysis of human diversity.In both theories, the overcoming of inequalities is sought as an instrument that enables the full exercise of fundamental freedoms and the universal value of human dignity.
There is thus a twofold aspect in which equality can be examined when it comes to affirmative actions: in its aspect of equal opportunities, linked to Rawls' theory; and in the aspect of the analysis of capabilities, in the line of Sen (2011), in which one thinks about the obstacles to the full exercise of the capacities of individuals, in access to the goods that can develop such capabilities.It is understood that such approaches are not exclusionary, but complementary and, together, densify the constitutional principle of substantive equality.Rawls (2008), in his work "A Theory of Justice", as a contractualist, defends the idea of justice as equity whose character is institutionalist, as it is concerned with establishing an ideal equanimous distribution base through institutions, turning to distributive justice.For the author, the justice of a society is revealed in the equality between human beings as intrinsic value.
The philosopher ( 2008) believes that all necessary support, such as freedoms, opportunities and social resources, should be provided by the basic institutions so that each individual can live according to his or her own moral convictions.In this sense, the theorist advocates the equitable distribution of these primary goods, which are essential social elements for the realization of any life project.
It is worth noting that Rawls (2011, p. 365) points out the primary goods that institutions 10 wealth; e) social bases for self-respect.These last three could be distributed unevenly, so as to balance situations of people who find themselves in unfavorable situations.
For the philosopher, this protection must take place in two stages, the first one aimed at the equal distribution of basic rights.In the second case, on the basis of the principle of difference, unjustified inequalities must be compensated for by guaranteeing equal opportunities for all, i.e. differential treatment for the benefit of the least favored.Thus, "[...] dealing with similar cases in a similar manner is not a sufficient guarantee of substantive justice.
This depends on the principles according to which the basic structure is shaped" (Rawls, 2008, p. 71).
Affirmative actions are based on the principle of difference and the idea of a social minimum.Rawls' theory, while advocating freedom and equal opportunities, is criticized by Sen (2011) for disregarding individual particularities that prevent effective use of primary goods (Kings; Weschenfelder, 2019).Sen argues that distributive justice should consider human diversity and the injustices faced by certain groups.Rawls proposes that, in the "original position", principles of social justice be chosen rationally through public discussion (Fortes, 2018).In contrast, Sen advocates for equality of basic capabilities, stressing the need for a metric of justice that takes into account human differences and manifest injustices.
Sen's theory (2011) differs from those developed by contractual parties, since it is not supported by any "hypothetical collective agreement" that guides the institutional structure of a society, that is, it is not part of a transcendental purpose of defining ideal institutions, but rather of comparative approaches, recognizing the moral plurality of democratic societies, in order to promote social achievements in response to manifest injustices, relating to the ideals of "equality of ability" (Reis;Weschenfelder, 2019, p. 199-217).
This reservation is recognized, then, to the primordial defense of access to primary goods as a guarantee of equity, since the understanding of senile freedom goes beyond that of Rawls, in the sense that, in spite of establishing income, riches or equitable resources amongst people, as a political and moral project aimed at justice, one needs to measure the way how people make their choices, the effective freedom in this process of combinations of personal attributes of functioning.That is, even if they had similar purposes, their ability to convert "primary goods" into realization is distinct.
In this way, more than thinking about the goods themselves, one tries to think about what these goods can do for human beings.It is not enough to give the opportunity, but to analyze the aptitude or inaptitude for the "conversion" of that opportunity into an individual and collective advantage.Along these lines, just to bring this theoretical basis to reality, in However, even if one assumes the possibility that the ideal may not be fully achieved, Rawls' ideal theory of justice serves as a north to guide people's projects so that they can achieve sustained social progress over time (Fortes, 2018, p. 103).It could be understood as a starting point for an institutional policy.One cannot lose sight of how important it is to have institutions that are directed towards the fulfillment of certain principles of justice -in Rawls' theory, in particular: freedom, equality and difference, which provide legitimacy to the institutional structure that binds the State and its actions to the fundamental public decision that defines them.
Finally, one can defend the complementarity of the two theories: justice as equity, by Rawls; and justice in an approach to capabilities, developed by Sen, which, together, serve as theoretical reinforcement for pragmatic actions in the search for substantive equality.This complementarity stems, in great measure, from the removal of both from the utilitarian informational focus.
Bringing the foundations of these theories to the affirmative actions concerning female participation in politics, among them the electoral quota in proportional candidacies, certainly, agrees about the need to worry about the ideal equal institutional distribution of opportunities for access to "primary goods", among them, the political freedom, in its aspect of the right to vote, to be voted and political participation in different spheres, in the line of Rawls.
However, such access will not be sufficient without the parallel development of capacities in education for such political insertion, stimulating participation, changing the culture of the female to the private space, enabling the effective empowerment of free and emancipated women and combating gender-based political violence.Thus, it is essential to rethink the origin of the issue of female under-representation in politics, raising its causes, so that one can study and find ways of overcoming it.
This concern with capacities presents itself, at a moment prior to the candidacies (externally or internally to the parties), at the moment of the candidacies, in which the woman often does not feel herself belonging to this public masculine world for a cultural question, but also places herself in the very course of her mandates, when, often, there is an attempt to impose her silence.Thus, very important are the actions that ensure their effective insertion in the political dynamic, with an active voice, so that they are not unfeasible, silent, in flagrant gender violence, as it is not rare to happen in our Legislative Houses, as Bussinguer, Prata, Salvador (2022) denounce.12 One could say, using the theory of Sen (2011), that, in relation to women, there are impediments, real inabilities, in relation to the conversion of opportunities into effective political participation, usually due to the social structure that generates their non-belonging to public life.Women are shaped by devices, which, in the words of Michel Foucault (2021, p. 364), are one: [...] a decidedly heterogeneous set encompassing discourses, institutions, architectural organizations, regulatory decisions, laws, administrative measures, scientific statements, philosophical, moral, philanthropic propositions.
They are subjective and perpetuate new subjectivations.Female identity, centered on loving and maternal roles, needs to be deconstructed (Zanello, 2018).Awareness about these subjectivations is crucial to break with the dependence on male validation and maternal guilt while maintaining domination/submission (Silveira, 2019).Equal opportunities, reinforced by affirmative actions such as electoral quotas, may not be enough to eliminate historical inequalities in politics.The stability of male political participation perpetuates the cycle of power, influencing the rules of access to power (Art.17 of the CF) (Silveira, 2019).
In this way, regarding the fictitious applications of women, registered in fraud of the law, the said electoral court admitted the use both of the action of challenge of elective mandate (Brazil, 2015) and the action of electoral investigation (Brazil, 2016) for the purpose of questioning.Therefore, it departs from a merely formal view of electoral norms, in the quest to honor the purpose of gender equity policy.However, despite this interpretative advance, as well pointed out by Edilene Lobo (2018, p. 103), "[...] the TSE has done very well, but it is not unknown that these judicial proceedings are not open to the collectivity (only to candidates, parties, coalitions and prosecutors) [...]".In the light of this score, it can be seen that even more needs to be done.
In short, in the search to increase this power of conversion, in the face of the various inabilities faced by women, actions have taken place and must still be developed, given that this quest for equity is still a process under way, under construction.
Among these initiatives, as the object of this work, the gender quota in the registration of applications by political party, in which aspects of their application are analyzed through the study of the case law formed in the Electoral Court, particularly under the prism of the decisions condemning fraud and their respective penalties, since they serve as a parameter for the effectiveness of the policy.It is worth noting that, in addition to legislative measures, such as the gender quotas provided for in Law No 9.504/97, the interpretation of our national courts, especially the TSE, regarding the regularity of the registration of parties that do not reach the required legal minimum of female participation or regarding the launch of the so-called "orange candidatures" or fictitious, prove very relevant for the implementation of the principle of equality in this area, clearly taking on the character of judgment with a gender perspective (Brazil, 2017).
RESPE No 11.781/12 (Brazil, 2011), in the absence of an express punishment for political parties that do not fulfill the quotas, defined that the non-compliance with the gender quota provided by the Elections Laws has objective character, preventing the regularity of the registration of the coalition or party interested in participating in the elections, that is, will lead to the rejection of the proof of regularity of party acts (DRAP).
Furthermore, in case there are not enough female applications to fill the quota, the number of male candidates must be reduced, as decided by the TSE in the RESPE no 2.939/12 (Brazil, 2012).In this context of compliance with proportionality, the figure of the fictitious "orange" candidacy of women appears, only to fill the minimum quota and, often, to inflate the number of male real candidacies.Thus, the intention of the inclusive norm is threatened by real electoral fraud, reflecting the neglect of political parties with the change of unequal structures in our society.
In order to combat this artifice, reinforcing the previous sanctioning understandings, the TSE, in 2019, RESPE no 19.392/19,de Rapporteur do Ministro Jorge Mussi (Brazil, 2016), judging a case of fictitious candidatures, occurred in the 2016 Elections, decided that fraud "overthrows" the whole coalition or party in the locality, that is, results in the disqualification of the records and mandates of those benefited by the fraud, as well as the sanction of ineligibility to the candidates effectively participated in the prosecution of the offense.It is worth saying that the STF, in the ADI no 6.338/23, judged by the Full Court, of Rapporteur of Minister Rosa Weber (Brazil, 2023), reaffirmed the sanctioning understanding, deciding for the ineligibility of those involved in fraud to the gender electoral quota and the deregistration or diploma of those directly benefited.Furthermore, unanimously, the plenary of the Supreme Court confirmed the constitutionality of electoral laws that deal with affirmative actions to promote the inclusion of women in politics, refuting the thesis that the cassation for fraud to the gender quota should be restricted to those responsible for the abusive practice.
In her vote, Rosa Weber maintained that Article 10, § 3, of Law No 9.504/97, aims to stimulate political pluralism, as well as to reject discrimination against women.Indeed, it is an obligation of the parties to promote female participation in politics in order to give effect to the principle of equality.It has been made clear that fraud consists in making fictitious applications, that is to say, without campaigning or fundraising.And, in line with the RESPE no 2.939/12, in case there are not enough female applications to fill the quota, the number of male candidates should be reduced (Brazil, 2012).
While, on the one hand, the interpretation of our Courts is to be welcomed, as recently consolidated in Supplement 73 of the TSE, of June 5, 2024, analyzing cases of fraud firmly, causing severe punishment to the party and candidates benefited by the illicit; on the other hand, this interpretation may, in certain specific situations, jeopardize the very right that it is intended to protect, since it ends up cassing diplomas/mandates of legitimately elected women, a conclusion that also brings blemish to the principle of popular sovereignty.15 In this scenario, it is necessary to ask who are the real beneficiaries of the illicit trade.
As already noted, the higher number of female candidates registered, albeit by fictitious applications, allows the increase of the percentage of men registered, which is why these, yes, are actually benefited, because, without the orange applications, many would be left out of the contest.The impeachment of all the candidates linked to the DRAP, including the women elected, punishes candidates not benefited by the illicit.
These frauds have as their ultimate goal to increase the number of male candidates' registrations, which is why, in the name of preserving one's own inclusion policy, the interpretation of our courts should evolve in the sense of not harboring the impeachment of legitimately elected women.See what Machado (2021, p 20) says: "[...] the outcome given by the TSE was not the most appropriate, because it did not protect the real candidates who did not participate in the fraud and even were elected, in spite of the intention of the TSE to safeguard the gender quota."He adds: Thus, the best way to solve the disline would be to revoke the records and mandates of those directly benefited by the fraud -that is, the male candidates who were inserted there because of the increase of the gender quota by the fraudulent candidates -cancel their votes and keep the mandates of the candidates who succeeded in the elections illegally.To act differently, to annul all valid coalition votes and to revoke all party records/mandates, under the justification that they are all mere beneficiaries, would further undermine female participation in politics, since the election of the substitutes of the candidates of the other parties, after the redistribution of seats, would not guarantee the percentage foreseen in affirmative action (Machado, 2021, p 21).
In this way, we have the vote of Federal Judge Maria Lúcia Luz Leiria, Rapporteur of the Electoral Appeal Nº 124-28.2012.6.21.0144/12, judged by the TRE-RS, to carry out, in concrete cases, the readjustment of the legal proportionality of gender, after the exclusion of orange candidates, preserving, however, the votes of all candidates who were inserted in the new proportion of the quotas, annulling the other votes, with the recalculation of the electoral coefficient (Rio Grande do Sul, 2012).This understanding also preserves universal suffrage and popular sovereignty.
It was seen that the TSE has been evolving its jurisprudence always in the sense of reinforcing the effectiveness of the policy of gender inclusion: the fraud of the gender electoral quota has repercussions not only in the rejection of the DRAP, but, after the moment of registration, also reaches the cassation of diplomas/mandates of elected candidates.Thus, in the same vein densifying the principle of equality, it is concluded that, since there were legitimately elected female candidates who did not participate in the electoral fraud, the legal proportionality Such an understanding is justified by the fact that gender affirmative policy in the context of women's electoral quotas must be analyzed in accordance with the objective of women's inclusion in politics, and that the recognition of fraud cannot also be the basis for exclusions, that is to say, the protection of a fundamental right cannot be used to deny the validity of that very right.
This argument is supported by the principle of substantive equality, which authorizes the use of "gender lenses" when the situation is about gender, as, indeed, determined by the National Council of Justice -CNJ, through Resolution No 492/23, which establishes the adoption of the Protocol for Judgment with a Gender Perspective (Brazil, 2021).It is worth saying that the CNJ recognizes that the influence of patriarchy and sexism are transversal to all areas of the law and, therefore, produce effects on its interpretation and application, including in the electoral sphere, regarding the participation of women in politics, which is why the judge must be attentive to how inequalities have been assimilated in society and seek ways to minimize them (Brazil, 2021).

FINAL CONSIDERATIONS
Throughout the work, there remained explicit the need for a greater occupation of public spaces, spaces of power, by women, in favor of effective representativeness, which can generate a real interference in the elaboration of public policies, including, so as to strengthen the Democratic State of Brazilian Law.In the context of political participation, the underrepresentation of women is an issue addressed by the affirmative action of the gender electoral quota, as provided for in the Elections Act.This measure seeks to mitigate female underrepresentation by establishing a mandatory requirement for at least 30% of candidates to stand in proportional elections by women.
Affirmative actions aim to minimize manifest inequalities, as seen in this article, and have as their legitimizing foundations both the theory of justice of John Rawls (2008) and its principles justifying public decisions, guiding fair institutions; as well as the approach to the capabilities of Amartya Sen (2011) and the need to analyze human diversity and its possible "inabilities" in the elaboration of public policies.
The electoral quotas are a path in the search for equality not only formal but also substantive; however, there is still the need for other joint measures that generate an effective female belonging to the public space and, consequently, greater political diversity, especially through education and awareness-raising.In this area, courts play an important role, as gendersensitive trials tend to promote this densification of constitutionally ensured equality.In particular, with regard to gender affirmative policy in the context of women's electoral quotas, on the one hand firm sanctions are required for electoral fraud.On the other hand, however, it is necessary to analyze the context of the specific cases, so that the penalty imposed does not operate to the detriment of women's integration into politics, that is, the protective rule of a fundamental right cannot be used to deny the validity of that right.
In order to respond to the problem initially raised and as a way of strengthening the fundamental right to gender equality, it is therefore necessary to adopt a judicial interpretation, based on the current rules, which justifies the retention of legitimately elected female candidates who did not participate in electoral fraud, in relation to fictitious gender candidates, by recalculating the legal proportionality of the quotas and taking advantage of the votes only of the candidates and candidates included in the new numbers obtained.
Thus, from an emancipatory vision of law and judicial decisions, conscious and critical, in which legal structures and legal practices are analyzed, one seeks to transform inequalities and injustices, freeing groups, like the female gender, from oppressive conditions and domination, allowing them the full enjoyment of their rights and their autonomy.

Gender
Affirmative Actions and Greater Participation Female in Politics: Overcoming "Inaptitudes" With Amartya Sen ___________________________________________________________________________ Rev. Gest.Soc.Ambient.| Miami | v.18.n.9 | p.1-22 | e08020 | 2024.8 Brazil via Decree 4.377/02.Article 7(b) provides that the States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and shall guarantee, on equal terms with men, the right to participate in the formulation of government policies and their implementation, and to hold public office and exercise all public functions at all levels of government.
2021, the National Council of Justice (CNJ) introduced the Protocol for Gender Judgment, inspired by practices from other Latin American countries.Initially recommended the adoption of the Protocol by the organs of the Judiciary, it was later established as mandatory by Resolution 492, of March 17, 2023, also of the CNJ.This protocol recognizes the influences of historical, social and cultural inequalities that persist over time.There is a growing movement of the Judiciary, which comes to understand that the act of judging is permeated by ideological constructions shaped by historical, cultural, social and political factors, especially in the sphere of gender.Hence the need to create an emancipatory legal culture and to recognize the rights of all women and girls.The national legal culture has always been based on paradigms such as neutrality (equidistance of the parties) and impartiality (absence of personal interest), stemming from the principle of separation of powers, in the context of the Liberal State.These principles, if respected, would ensure a fair, truly equal and non-discriminatory trial.However, judgments are often influenced by gender, race, and class stereotypes, moving away from true social justice.Law 14.192/21 establishes norms to combat political violence against women and amends laws such as the Electoral Code and the Elections Law, criminalizing political violence against women(Brazil, 2021a).Constitutional Amendment No. 111/21 mandates the double counting of votes given to women and black people for distribution of party and electoral funds.These actions promote greater inclusion of women in politics, highlighting the historical struggle for the right to suffrage since 1932.The importance of affirmative action to increase female representation in parliaments and political life is underlined, and it is necessary to study theoretical foundations that help in the inclusion of gender in politics, especially in relation to the electoral quota of the Elections Law, Article 10, § 3, and cases of attempted fraud.Gender Affirmative Actions and Greater Participation Female in Politics: Overcoming "Inaptitudes" With Amartya Sen ___________________________________________________________________________ Rev. Gest.Soc.Ambient.| Miami | v.18.n.9 | p.1-22 | e08020 | 2024.
must protect and guarantee, which are: a) fundamental freedoms and rights; b) freedom of movement and choice of occupation; c) capacities and prerogatives of positions and positions of responsibility in the political and economic institutions of the basic structure; d) income and Gender Affirmative Actions and Greater Participation Female in Politics: Overcoming "Inaptitudes" With Amartya Sen ___________________________________________________________________________ Rev. Gest.Soc.Ambient.| Miami | v.18.n.9 | p.1-22 | e08020 | 2024.

Gender
Affirmative Actions and Greater Participation Female in Politics: Overcoming "Inaptitudes" With Amartya Sen ___________________________________________________________________________ Rev. Gest.Soc.Ambient.| Miami | v.18.n.9 | p.1-22 | e08020 | 2024.11 relation to female political participation, the percentage of re-elections of women in 2022 stands out at only 14%, which is far below the percentage of men (Brazil, 2022a).

Gender
Affirmative Actions and Greater Participation Female in Politics: Overcoming "Inaptitudes" With Amartya Sen ___________________________________________________________________________ Rev. Gest.Soc.Ambient.| Miami | v.18.n.9 | p.1-22 | e08020 | 2024.134 DOUBLE FACE OF AFFIRMATIVE POLICY: CONDEMNATION OF FRAUD AND PRESERVATION OF THE MANDATES OF LEGITIMATELY ELECTEDCANDIDATESAs seen, the data presented by the TSE (Brazil, 2022a) shows a still very slow increase of female participation in politics.Women accounted for 32% of applications in 2016; 32% in 2018; 34% in 2020 and 34% in 2022.As for those elected, 13% in 2016; 16% in 2018; 16% in 2020 and 18% in 2022.In this still slow picture of ascension and of female visibility in politics, affirmative actions are placed as tools, even though transitory, for stimulating greater inclusion and equality.

Gender
Affirmative Actions and Greater Participation Female in Politics: Overcoming "Inaptitudes" With Amartya Sen ___________________________________________________________________________ Rev. Gest.Soc.Ambient.| Miami | v.18.n.9 | p.1-22 | e08020 | 2024.14 In the Special Appeal mentioned, the TSE maintained the impeachment of six councilors elected in Valença/PI in 2016 due to the use of "orange candidacies" of women without campaign.President Rosa Weber broke the tie in favor of the impeachment of all candidates involved, highlighting the parties' failure to comply with gender quotas (Brazil, 2022a).The TSE established criteria to characterize the fraud, such as lack of votes, minimal expenses, and absence of campaign acts (Brazil, 2022a).And, according to the case law already established by the Electoral Court: [...] characterized by fraud and therefore compromised the dispute, the following consequences are observed: (i) the impeachment of candidates linked to the DRAP, regardless of proof of their participation, science or consent; (ii) the ineligibility to those who effectively practiced or agreed with the conduct; and (iii) the nullity of the votes obtained by the Coalition, with the recount of the calculation of the electoral and party quotients, in accordance with article 222 of the Electoral Code (Brazil, 2022).

Gender
Affirmative Actions and Greater Participation Female in Politics: Overcoming "Inaptitudes" With Amartya Sen ___________________________________________________________________________ Rev. Gest.Soc.Ambient.| Miami | v.18.n.9 | p.1-22 | e08020 | 2024.16 of the quotas is remade, taking advantage of the votes only of the candidates inserted in the new numbers obtained.