A Lei da violência política de gênero (Lei nº 14.192/2021) e os direitos políticos das mulheres no Brasil: uma nova estratégica legal e jurídica no enfrentamento à sub-representação política feminina

Abstract

The present monograph analyzes how the Law of Gender-Based Political Violence (Law o. 14.192/2021) is compatible with the Federal Constitution of 1988, especially regarding the fundamental constitutional principle of isonomy, equality between men and women, and the consecration of political rights. Approved in August 2021, the Gender-Based Political Violence Law is part of a broad legal framework that intends to guarantee isonomy and the right to equality between men and women, ranging from legislation on feminicide to electoral quota laws. To analyze how this legislation consecrated the constitutional principles related to women's political rights, a bibliographical review was carried out, as well as an analysis of legislative procedures and court cases. To understand how Law 14.192/2021 relates to women's struggle for political participation and representation, we sought to recover the debates and legal and academic research on the historical construction of women's political rights in Brazil, which goes back to 1932. In addition, the bills, amendments, and votes of the rapporteurs in the House of Representatives and the Federal Senate were also analyzed to understand the constitutional aspects considered by the parliamentarians in the approval of the law. Finally, six electoral criminal actions of gender political violence proceeding in the Electoral Justice were analyzed to understand how the constitutional rights on gender equality were applied in practice. Based on the literature review, it is noted that since the 1934 Constitution guaranteed suffrage to women, the simple provision of a right does not mean its real consecration, being necessary to establish how to consecrate them. Regarding the case law in the Electoral Courts, we can notice, both in the arguments of the Public Ministry and in the views of the electoral judges, a perception that gender-based political violence is a factor that impedes the democratic exercise of women's political rights and their mandates. Based on the data collected, it is argued that the Gender-Based Political Violence Law represents a second legislative stage of the consecration of women's political rights, whose focus is no longer on the entry of women into legislative positions through the constitutional provision of women's electoral capacity but rather seeks the permanence and protection of those who have reached the spaces of power