Dino votes to overturn amnesty for parties that fail to comply with racial quotas

Minister Flávio Dino, of the STF (Supreme Federal Court), voted this Thursday (21) to overturn the section of Constitutional Amendment 133/2024 that pardoned political parties for non-compliance with rules on financing candidacies for black and brown people.

The trial takes place in the virtual plenary session of the STF, under the report of minister Cristiano Zanin, and discusses the validity of the amendment approved by Congress in 2024 that included electoral financing rules for candidacies by black and brown people in the Constitution.

The amendment determined that parties must allocate at least 30% of the resources from the Electoral Fund and the Party Fund to candidacies from black people. At the same time, the text also regularized previous situations in which subtitles failed to correctly apply these resources.

It was at this point that Dino disagreed with the rapporteur.

While Zanin voted to fully validate the amendment, Dino understood that article 3 of the rule is unconstitutional as it works, in practice, as an amnesty for political parties.

In the vote, Dino stated that the amendment created a "contradiction" by reinforcing racial affirmative policies and, at the same time, removing punishments for those who failed to comply with these rules in past elections.

According to the minister, the measure "neutralizes" affirmative policy and generates "institutionalized impunity", by removing consequences for parties that failed to allocate minimum resources to black candidates.

Dino also argued that the future compensation provided for in the amendment does not eliminate the losses already caused in previous elections.

"The damage has already occurred, in completed electoral processes, and should result in the corresponding sanction", wrote the minister.

The trial is scheduled to end on Friday (22). So far, minister Dias Toffoli has followed the rapporteur, while Dino has opened a disagreement.

Source: CNN