When the Judiciary Reduced Female Representation In Politics
A Brief Dialogue Between Legal Hermeneutics and Theory of Law
Keywords:
Female Representation, Gender Quota, Affirmative Actions, Elections, Legal HermeneuticsAbstract
https://doi.org/10.1590/2179-8966/2025/89186
This article will analyze, in the light of legal hermeneutics and legal theory, the decision of the Superior Electoral Court (TSE) in Appeal in Special Electoral Appeal nº 0600122-97.2020.6.20.0033, when the Court revoked the mandate of a woman elected under the argument of deviation in the female gender quota in the formation of the political party's nomination, provided for in art. 10, § 3 of Law No. 9,504/1997 and, with this, a man took office. It was revealed that the TSE's decision is in dissonance with contemporary legal hermeneutics, approaching the syllogism widespread in scholasticism, deepening political gender inequality.
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Copyright (c) 2025 Caio Ramon Guimarães de Oliveira Oliveira, Ramon Rebouças Nolasco de Oliveira Oliveira (Autor/a)
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