Abstract

BAEZ SILVA, Carlos  and  GILAS, Karolina Monika. Gender parity: between candidate quotas and seat allocation. Cuest. Const. [online]. 2017, n.36, pp.3-26. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2017.36.10857.

The 2014 constitutional reform included among the principles of gender parity; after that, subsequent electoral law amendments strengthened the quota. Including gender parity as a constitutional principle opened a new debate and created a need for legal interpretation. This paper reviews the position and interpretation undertaken by the two bodies in charge of constitutional review in electoral matters, the Supreme Court and the Electoral Tribunal, in relation to the principle of gender equality in the allocation of PR seats. The conclusions show that changes in the order of candidates on “best losers” lists go beyond the constitutional provisions, result in a violation of the principle of democratic election and in disrespect of the will of the people, as well as disrupt the objective of affirmative actions.

Keywords : Gender Parity; Electoral System; Proportional Representation; Gender Quota.

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