Brazil

Overview

• Establishes regulations to prevent, suppress, and combat political violence against women, specifically during elections and in the exercise of political rights and public functions.

Objective of the Law (Article 1)

The law aims to:

• Prevent, repress, and combat political violence against women in all spaces and activities related to their political rights and public duties.

• Ensure women's participation in electoral debates.

• Criminalize the dissemination of false facts or videos during electoral campaigns.

Guarantees and Prohibited Practices (Article 2)

• Guarantees women’s right to full political participation.

• Prohibits discrimination and unequal treatment based on sex or race in both access to political representation and the exercise of public functions.

Definition of Political Violence (Article 3)

Political violence against women is defined as:

• Any action, conduct, or omission intended to prevent, obstruct, or restrict women’s political rights.

• Any distinction, exclusion, or restriction in the recognition, enjoyment, or exercise of political rights and freedoms based on sex.

Key Amendments to Existing Laws

Amendment to Article 243 of the Electoral Code (Law No. 4,737 of July 15, 1965)

• Prohibits actions that demean women or promote discrimination based on sex, color, race, or ethnicity in the electoral context.

Amendment to Article 323 of the Electoral Code

• Bans the dissemination of false information about candidates or parties during electoral campaigns.

• Criminalizes the production, offering, or sale of misleading videos targeting candidates or parties.

• Increases penalties by one-third when such offenses are committed through multiple media platforms or involve discriminatory content against women’s sex, race, or ethnicity.

Addition of Article 326-B to the Electoral Code

• Prohibits harassment, constraint, humiliation, pursuit, or threats directed at women candidates.

• Specifically criminalizes such acts when they involve contempt or discrimination based on sex, race, or ethnicity and are aimed at hindering election campaigns or public office duties.

Amendment to Article 237 of the Electoral Code

• Increases penalties by one-third to one-half for crimes committed:
  With discriminatory intent based on sex, race, or ethnicity.
  Through the internet, social networks, or real-time broadcast.

Additional Legislative Amendments

Amendment to Article 15 of the Law on Political Parties (Law No. 9,096 of September 19, 1995)

• Adds the prevention, repression, and combating of political violence against women as part of the law’s scope.

Amendment to Article 46, Section II of the Election Law (Law No. 9,504 of September 30, 1997)

• Allows debates in proportional elections to take place over multiple days.

• Requires that debates ensure equal opportunity for participation by all parties and reflect gender parity among candidates.