Some are more equal than others!
Participation in decision-making throughout our lives is part of the concept of citizenship. In fact, this should be understood outside of political rights, but with the inclusion of civil and social rights.
The road to achieving political rights for women in Brazil began with the Electoral Code of 1932 and the Constitution of 1934, legal documents guaranteeing the right of women to vote. In 1962, the Statute of Married Women was passed, a law that regulated the different legal status of this, since the Civil Code of 1926 did not allow women to have a profession, to receive inheritance, among other prohibitions. They begin to have a right to their children, to share the power of the fatherland, and even to be able to maintain custody.
Internationally, in the 1948 Declaration, men and women were equated, although not by name. It was not until 1966, when the International Covenant on Civil and Political Rights was promulgated, that formal nominal equality between men and women was explicitly stated in a document of the United Nations system. The incorporation of women’s rights into the American human rights system came through the 1938 Lima Declaration on the Rights of Women.
More effectively, since winning the vote, spaces of power and representation have become part of the debate about civil and political rights, as well as the concept of citizenship. The numbers indicate low minority / majority representation in world parliaments. Analyzing Brazil, we see that the number of participants is decreasing, as well as blacks, indigenous people, youth, people with disabilities and LGBTQ + people.
Even before the guarantee of the right to vote, in 1932, we are dealing with Alsira Soriano of Lajes (RN), the first woman mayor in Latin America. During her election campaign in 1928, she was subjected to misogyny violence when it was hinted to her that she was having an affair with the governor, or that as a “public woman” she was a prostitute. She was elected 60% of the vote and took office in 1929, but in the 1930 presidential election she supported Julio Prestes, and since the 1930 revolution brought Getulio Vargas to the presidency, all mayors in the country were replaced by interventionists and that she was invited to remain to rule the city, she did not agree to the position of municipal interventionist and resigned from the management of the municipality.
Alzira’s case shows how women suffer various forms of violence during the campaign, even before taking office. On the Internet, this type of libel and defamation is now taking on an even broader context that transcends its own territory.
Violence becomes more apparent when elected when they are not appointed as leaders on commissions, leaders of their parties, or rapporteurs for important projects that will bring prominence. They are also continually interrupted, not challenged to debate unrelated to care, or to questions about their dress, appearance, or weight, as if these characteristics would affect their performance of their authority or function. Women are also constantly asked about their relationships and sexual orientation, in addition to being called “bad mothers” as they are not at home to take care of their children. [1]…
Thus, several aspects penetrate and contribute to the political representation of the minority of the majority of the population. In the case of women, one of the reasons for the underrepresentation of women in parliament, as well as in power and decision-making is political gender-based violence. Women suffer violence before they run, when they run, and when they are elected.
Legal innovations introduced by Law No. 14.192 / 2021
Law 14.192 / 2021 encourages those who encounter this in their daily lives. Adopted on 4 August this year, it defines political violence against women as any action, behavior or omission aimed at preventing, infringing or restricting the political rights of women. It also adds any difference, exclusion or limitation in the recognition, enjoyment or exercise of one’s fundamental political rights and freedoms based on gender (Article 3 and its only paragraph).
To combat this harmful practice, the new law aims to prevent, suppress and combat political violence against women in places and events related to the exercise of their political rights and public functions, as well as to ensure the participation of women in debates and provides for crimes related to the disclosure of facts or videos of inaccurate content during the election campaign.
To achieve the proposed goals, it confirms the guarantee of women’s rights to participate in political life, as well as the prohibition of the practice of discrimination and unequal treatment on the basis of gender or race, both in access to political representation bodies and in the performance of public functions.
Regarding the exercise of political representation and public function, Gruneich and Cordeiro dealt with this topic in an analytical article on the old bill under discussion, bringing up a dialogue between the concepts of democracy and representation, arguing that political representation dealing with the norm should not be confused with electoral representation or public service. Representation should be seen as providing a substitute mandate in decision-making in other political environments (not just elections) such as unions, class associations, associations in general, etc., and not just as formal mechanisms for formally contesting elections in elections …
The guarantee of women’s participation rights is affirmed, with priority being given to the “immediate exercise of the violated right”, with the emphasis on the testimony of the victim and the evidentiary elements (Article 2 and its single paragraph). Although Article 2 makes this principle more open, other articles of the said law restrict political violence against women to actions during the electoral period, during the exercise of the electoral mandate or during the electoral campaign.
As for the tools in the strict sense, provisions were included in the Electoral Code with the renewal of the criminal type “disclosure of untrue facts”., constant caput Article 323. Now this crime is limited not only to pre-election campaigning, but also to those disclosures that occur during the election campaign in other media. It updates the type of punishment by adding as a crime those who produce, offer or sell videos with inaccurate content about parties or candidates. An extension clause was included when the offense involved disrespect or discrimination with regard to the status of women or their skin color, race or ethnicity.
A ban was introduced on party propaganda that demeans women or encourages them to discriminate on the basis of female sex or color, race or ethnicity, with the addition of a new paragraph to article 243 of Law No. 4737 /. 1965 g.
The legal text is being innovated to include specific penalties to ensure that the practice of harassing, embarrassing, humiliating, harassing, or threatening in any way a candidate for an elected office or mandate holder disrespectfully or discriminates against a woman’s condition or color, race or ethnicity with the aim of preventing or hindering her election campaign or the fulfillment of her election mandate.
In addition, for the crimes of libel, defamation and electoral defamation, the punishment is increased by one third if they are committed with disrespect or discrimination towards the status of women or their skin color, race or ethnicity, or through a computer network, social network or broadcast in real life. time.
Accountability will also be transferred to political parties with a proposal to amend Law No. 9 096/1995 to include in the mandatory content of the party charter the prevention, punishment and fight against political violence against women, which must amend their statute within 120 days of publication of the standard.
Success – yes, failure – never!
It is important to emphasize that although Brazil recognized the right of women to vote in 1932, men have already voted in Brazil since 1532, when the inhabitants of São Vicente (São Paulo) elected a municipal council while still a Portuguese colony. The exact difference of 400 years shows the abyss of women’s political participation, because even though they won the right to vote and be elected, they actually failed to rise to the space of power and decision-making. Women’s suffrage allowed women to enter political and electoral structures, but this was only the beginning of the exercise of this fundamental right, mainly due to the political violence they suffered. The lack of such representation requires not only affirmative action, such as the introduction of political quotas on gender issues, but also specific legislation on political violence against women.
Today women make up the majority of the Brazilian population – 51.8%; the majority of the electorate, 53% of the 150 million voters and 45% of persons belonging to political parties. But only 15% of those elected to the Chamber of Deputies and 14.8% to the Federal Senate.
For almost 90 years of women’s suffrage and for almost 200 years of the existence of the Chamber of Deputies, they were elected. 7,333 deputies, including deputies, while women occupied only 266 chairs, even with the obligatory 30% of female applications. Even with affirmative action, Brazil is still ranked 142nd by the United Nations in terms of representation of women out of 191 countries mentioned in UN Global Map of Women in Politics and ninth among 11 countries in Latin America.
In February 2021, researchers Pedro Ag dos Santos and Farida Jalalzai released the book in the United States. “Empowering Women in Brazil: The Ups and Downs of President Dilma R.ousseff “ (“Empowering Women in Brazil: The Ups and Downs of President Dilma Rousseff”). The book notes that machismo played a prominent role in the impeachment process of Dilma Rousseff. For the authors of the work, the PT’s ascent to the presidency provoked a fierce reaction, which sought not only to remove it from power, but also to weaken the participation of women in politics. According to researchers, Dilma’s experience shows that conquering power is only one of the main obstacles women face when entering politics. Holding on to this in and of itself is not an easy task.
For all these reasons, it is very important to disclose this important legal instrument to the public. Women must become increasingly aware of their rights, and the state apparatus must be ready to accept these new demands.
