A culpa é das mulheres: o artigo 190 do novo código eleitoral e o espaço vazio nas listas partidárias nas eleições de 2014 e 2018*

Abstract

This article examines a key issue raised in the Electoral Code bill currently under debate in the Brazilian National Congress (Complementary Bill No. 112/2021): the maximum number of candidates that political parties may nominate in proportional elections. The analysis focuses in particular on Article 190, which regulates the maximum size of party lists and establishes its correlation with electoral quotas and the mandatory inclusion of at least 30% of candidates of each sex in party nominations. The study explores the relationship between legislative changes affecting the maximum number of candidacies per party and the historical development of gender quotas in Brazil. It argues that variations in list size have often occurred in parallel with reforms to the quota system, potentially reflecting strategic adjustments by political parties aimed at preserving inadequate nomination patterns as quota requirements were strengthened. Finally, the article presents initial empirical findings based on the analysis of party lists in the 2014 and 2018 proportional elections. The statistical evidence demonstrates that claims currently advanced in the legislative debate regarding the alleged lack of female candidates are unfounded and tend to legitimize setbacks in the enforcement of gender quota legislation.