Pernambuco Electoral Court Upholds Trans Woman's Candidacy for Gender Quota
The Regional Electoral Court of Pernambuco (TRE-PE) unanimously upheld a prior ruling on Monday, September 20, rejecting a lawsuit that alleged gender quota fraud in the 2024 municipal elections in Ingazeira. The court affirmed the validity of a transgender woman's candidacy for fulfilling the minimum percentage of female candidates required by electoral law. This decision preserves the mandates secured by the Brazilian Socialist Party (PSB) in the municipality. The appeal was filed by the PSDB/Cidadania Federation against the PSB and its candidates, challenging the candidacy of a trans woman known as "Pepi." The federation argued she should not count towards the gender quota, citing her low vote count, alleged minimal campaign involvement, and lack of financial activity. Electoral judge Marcelo Labanca stated that electoral justice relies on self-declared gender for candidate registration, consistent with the Superior Electoral Court (TSE), electoral legislation, and Supreme Federal Court (STF) precedent. He emphasized that a trans woman can be counted towards the gender quota and her identity alone does not constitute fraud. The judge further ruled that gender identity should not be subject to evidentiary proof in electoral cases, and the state cannot determine someone's gender based on their behavior or past candidacies to contest a self-declaration. The court found no evidence of a fictitious candidacy or gender quota fraud. Despite the candidate's low vote count, evidence of actual campaign activities, financial reporting, campaign material distribution, political event participation, and a history of party involvement were presented, refuting claims of fraud under TSE Súmula nº 73. Pepi's candidacy had already been approved as female by the electoral justice system in a final decision. The TRE-PE's unanimous decision validates the PSB's party act regularity statement and its elected mandates in Ingazeira. An appeal to the TSE is still possible.
This ruling reinforces the principle of self-identification in electoral processes, aligning with established legal precedents from higher courts. By prioritizing self-declaration over subjective assessments of gender identity, the court promotes inclusivity and prevents discriminatory barriers to political participation. The decision underscores that electoral law aims to ensure representation, and rigid interpretations that exclude validly self-identified candidates can undermine this objective. Future challenges may focus on the interpretation of "fictitious candidacy" in broader contexts, balancing the intent of quotas with the right to self-determination and ensuring that electoral systems are robust against both exclusion and manipulation.
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