Brazil's Superior Electoral Court (TSE) has outlined proposals related to electoral spending rules that are sparking discussion among experts and organizations regarding the potential negative impact on affirmative actions. Specialists warn that the rules might create loopholes that could dilute the intended effects of gender quotas, which currently mandate that at least 30% of public campaign funds must be allocated to female candidates. This debate arises as the court prepares to finalize its resolution by March 5th, which could significantly reshape electoral financing dynamics.

Additionally, these proposals might also affect affirmative actions for Black and Indigenous candidates by allowing political parties to manipulate the actual financial investment in campaigns for these groups. Under the current law, Black candidates are also entitled to 30% of campaign funds, and large sums from the electoral fund—projected to be R$ 4.9 billion in 2026—are at stake. Experts point out that the new regulations might enable parties to inflate reported contributions, raising concerns about transparency and equity in the electoral process.

Furthermore, a new measure for the upcoming elections mandates proportional funding for Indigenous candidacies based on their demographic representation. This provision, while a step forward, is still clouded by the uncertainty created by the TSE's proposals. Organizations advocating for equitable representation caution that without clear and robust rules, the progress made towards inclusive electoral practices could be compromised, ultimately affecting the political landscape and representation of marginalized communities in Brazil.