Reserving seats in the municipal legislature in light of the principle of horizontal subsidiarity: an alternative to quota policies for female candidates?

Abstract

This study aims to analyze whether the proposal to reserve seats, as provided for in Complementary Bill No. 112/2021 (New Electoral Code), constitutes an effective regulatory alternative to the current candidate quota policy, with the potential to address structural gender barriers and promote gender parity in Brazilian municipal councils. The research approach adopted is deductive, employing a hermeneutic procedure and utilizing bibliographic and documentary research techniques. Initially, local government is examined as a strategic space for strengthening democracy, based on the principle of horizontal subsidiarity, highlighting its role in expanding women’s participation in politics. Next, the study examines the gender-based candidate quota policy currently in force in Brazil, focusing on its application at the municipal level and the structural limitations that compromise its effectiveness. Finally, it analyzes the legal and political content of PLP 112/2021, as well as its alignment with international models of reserved seat quotas. In concluding remarks, it is noted that the reservation of seats represents a regulatory proposal with greater capacity to achieve substantive equality and strengthen local democracy by ensuring the institutional presence of women in decision-making spaces and fostering more inclusive and representative public policies, although the need to encourage other complementary measures—such as the equitable distribution of resources from the Special Campaign Financing Fund (FEFC) and the proportional allocation of free electoral advertising time—is not overlooked.