Recently, episodes of gender-based political violence have attracted media attention. Although they present several options (different political parties, ideologies, spheres of action, etc.), the similarity of the cases lies in their goal: women in politics. Far from new, hostility to women’s participation in politics has been present since winning the vote for women, says Diva Nazario. [1]…

In this sense, given this humiliating history of women’s participation in politics, added to the decline in the number of women elected to date. – despite existing affirmative action [2] –The fact is that for a long time episodes of political gender-based violence were not even noticed. However, it was disrespectful behavior, naturalized in this political environment opposite to women. As an illustration, it is worth recalling that only in 2016 a women’s toilet appeared in the Federal Senate for its parliamentarians.

When the eyes turned to the participation of women in politics, situations involving gender-based violence began to be noticed.

In fact, political gender-based violence can be described as behavior specifically directed against women, which is aimed at hindering, hindering or restricting their access to institutional political space, both in the context of the electoral process and during the period of their mandates. This type of gender-based violence is gaining increasing recognition throughout the world, especially in Latin America, and occurs in various ideological and political circles.

Some Latin American countries such as Bolivia, Argentina, Ecuador and Mexico have laws to combat gender-based political violence. [3]… It should be noted that Bolivia was one of the first countries to enact legislation on this issue, since in 2012 a rule was approved that criminalizes persecution and political violence against women, as a strategy to combat this phenomenon. growing in the country (Law No. 243/2012).

Political gender-based violence is broad and includes physical, economic, psychological and symbolic violence, as well as complementary practices such as restricting freedom of expression, intimidating public participation and political action, in addition to disseminating information. v fake news… Thus, political violence bears similarities to hate speech in that it uses the mechanisms of power and oppression against people with certain identities as a way to validate threats against traditional hierarchies.

In addition, it is seen as a possible way to prevent or reduce the participation of women as candidates and, subsequently, fulfill their mandates, exclude them from political debate, from disputes over positions and may even lead to refusal to participate. their mandates. Thus, even though violence can sometimes be directed against a specific woman, doing so has the effect of attracting and intimidating other women to participate in politics, as well as sending a social signal that they should not participate in a particular space. [4]…

As highlighted by Daniel Gruneich and Yara Cordeiro, political gender-based violence is one of the reasons for under-representation in parliament and in the spheres of power and decision-making when women suffer from violence “Before they run, when they run, and also when they are chosen.” [5]…

In Brazil, an important step has been taken with the adoption of Law 14.192/2021, which is the first time that the regulation of this subject has been regulated in the country. Although the regulation may, over time and more mature in this regard, undergo future changes and adjustments that may be required, the fact remains: this issue has attracted the attention of the legislator thanks to the changes made to the Electoral Code (Law No. 4737/1965); in the Law on Political Parties (Law No. 9 096/1995); and in the Election Law (Law No. 9,504 / 1997).

In this sense, Law No. 14.192 / 2021 introduced the concept of political violence against women as “Any action, behavior or omission with the aim of preventing, infringing or limiting the political rights of women” (Article 3). The norm also provides that they constitute acts of political violence against women. “Any difference, exclusion or limitation in the recognition, enjoyment or exercise of one’s fundamental political rights and freedoms based on gender”, determining that the competent authorities give priority “The immediate implementation of the violated right, with particular attention to the testimony of the victim and evidence.”

The above-mentioned regulation is one of the purposes of punishing actions that worsen the position of women in politics, that encourage discrimination on the basis of gender, as well as on the basis of race and ethnicity. The introduction of Article 326-B into the Electoral Code qualifies it as an electoral crime. “accept, embarrass, humiliate, harass or threaten by any means a candidate for an elective office or an electoral mandate holder, using disrespect or discrimination for a woman’s status or color, race or ethnicity in order to prevent or hinder your election campaign or the fulfillment of your term of office, “ imposing punishment in the form of imprisonment from one to four years and a fine, in addition to increasing the possibility of increasing the sentence (pregnant woman, over 60 years old or disabled).

As already noted, the changes introduced to Law 14.192 / 2021 expand the tools to combat gender-based violence. and political and selective discrimination against women are always associated with the exercise of political rights (not only during the election campaign), which makes it a crime to spread false news with inaccurate content about political parties and candidates.

We believe that with the creation of the norm, it will be possible to look for new models for solving the problem, which allows politicians to focus on the problem, while avoiding the most serious cases of violence. Gender policy, still proven. in the country, without appropriate punishment.

A debate on this topic, promoted in 2020 by the Chamber of Deputies, presented UN Women data on the issue: “82% of women in the political sphere have already experienced psychological violence; 45% were threatened; 25% were physically abused in parliamentary space; 20% of women – sexual harassment; and 40% of women said violence violated their legislative agenda ” [6]…

Respect for women’s participation in the power space is inextricably linked to the regular manifestation of citizenship, democracy and the outlook of society as a whole, which is composed of men and women, who should be treated equally. Episodes of gender-based violence can no longer be tolerated in politics.

Indeed, the facts that exclude women from public places and from power constitute a violation of their political rights. That is, it is a violation of a fundamental right protected both by the Federal Constitution and by international treaties signed by Brazil. [7]… Consequently, it is a challenge to national and international obligations that directly affect democracy itself.

Of the various episodes of gender-based political violence, confirmed across the country, in a wide variety of spheres, ideologies, parties or political positions, MP Mariel Franco, who was elected to the position of adviser in Rio de Janeiro and killed in her execution. mandate for political reasons, as indicated in the investigation. Recently, MP Damiris Rinarli, councilor for the municipality of Conceleiro Lafayette (MG), said she had received death threats and persecution in connection with her mandate. The young councilor is the only woman among the representatives of the Lafayette city council who is very active in the protection of political banners related specifically to the fight against domestic violence and the killing of women, as well as to the protection of the LGBTQIA + community, the anti-racist struggle and the preservation and realization of human rights.

Thus, as can be seen, greater participation of women in the sphere of power and the promotion of gender equality in this political and electoral environment are important elements for mitigating violence against women. Moreover, the recent ruling on political gender-based violence is in line with an important tool in encouraging the creation of a new culture in which discrimination, hostility, and other derogatory and violent attitudes towards women in politics are no longer accepted. Behavior classification provides punishment for actions that restrict women from performing their public functions. Thus, fostering collective efforts to find tools to prevent gender-based political violence implies an obvious strengthening of democracy itself with a more just and egalitarian society, which leads to undeniable benefits for society as a whole.