The ADI trial challenging the amnesty granted to parties that failed to adhere to gender and ethnic quotas, which was scheduled to take place on October 22, has been put in limbo following the departure of Luis Roberto Barroso as STF rapporteur. In the black movement, there was an expectation that the former minister would vote against the amnesty before his retirement, which did not happen.
While the process was to be redistributed to future Minister Jorge Messias, a second obstacle arose: the deliberate delay by Davi Alclumbre in setting the date for the hearing and vote on Lula’s nominee, as the Senate President was operating under the name of his ally Rodrigo Pacheco (PSD-MG).
With the risk that the case will not be analyzed in time for the 2026 elections, the network and the National Federation of Quilombola Associations – the authors of ADI – sent a representative to Minister Edson Fachin, President of the Supreme Court, asking him to appoint a new rapporteur for the case, without waiting for Messias to take office.
Just yesterday, Alcombre set the hearing for December 10th. Until then, the process remains prohibited.
The measure was introduced in 2023, after approval of the resolution that non-compliance with quotas and a commitment to allocate minimum amounts for nominations by women and people of color in elections before 2022 would not result in penalties for shortcuts.
The rule also allowed parties to use resources originally allocated to promote women’s political participation in the upcoming elections, even without meeting the requirements in the previous elections.
In ADI, the entities say the measures violate the constitutional principles of equality, independence and irreversibility.