Overview
- The Supreme Federal Court formed a 6–4 majority to validate the constitutional amendment that prevents immediate fines for parties that failed to meet racial campaign‑funding quotas.
- The court followed the rapporteur’s view that the amendment creates a transitional regime requiring parties to compensate shortfalls across the next four elections starting with the 2026 cycle.
- The amendment, enacted by Congress in August 2024, sets a 30% minimum allocation for Black and brown candidates, forgives past penalties and establishes long‑term refinancing of party debts with interest and fine exemptions.
- Six ministers voted for constitutionality — Cristiano Zanin, Dias Toffoli, André Mendonça, Kassio Nunes Marques, Luiz Fux and Gilmar Mendes — and four dissented: Flávio Dino, Cármen Lúcia, Edson Fachin and Alexandre de Moraes.
- Opponents warn the ruling weakens enforcement of affirmative‑action funding rules and could delay material gains for Black and brown candidates after earlier STF precedent and reports showed major shortfalls in 2022 distribution of campaign funds.