The Brazilian Electoral Court (TSE) has recently faced criticism for not integrating proposals aimed at preventing fraud related to affirmative actions for black and indigenous candidates in its preliminary rules for the upcoming 2026 elections. The draft presented does not include the establishment of committees within the electoral justice system that would evaluate self-declarations of candidates, a step recommended by both the National Justice Council (CNJ) and the National Indigenous Policy Council (CNPI). These committees are meant to ensure that only eligible individuals, identified as black or indigenous, benefit from affirmative action policies.

Critics have pointed out that without these proposed measures, there is a significant risk of diminishing diversity within electoral representation, as the lack of oversight may allow ineligible candidates to exploit affirmative action provisions. The TSE's failure to address these recommendations has raised questions about its commitment to electoral integrity and the protection of minority rights. The lack of response from the TSE regarding these omissions has further fueled concerns among advocates for diversity in politics.

This situation underscores a broader debate regarding the mechanisms necessary for ensuring fairness and equity in electoral processes. As Brazil prepares for a pivotal election, the implications of the TSE's decisions carry weight not only for political representation but also for the societal commitment to inclusivity and justice for marginalized communities. Failure to implement such controls may lead to an electoral system that inadequately reflects the diversity of the voters it serves, fundamentally impacting the structure of governance in Brazil.