STF Upholds 30% Racial Quota for Party and Campaign Funds

Overview

• The Supreme Court of Brazil voted 6–4 to validate the 2024 constitutional amendment that requires parties to allocate at least 30% of Fundo Partidário and FEFC money to candidacies of pretos and pardos, a ruling issued Wednesday.
• Relator Cristiano Zanin led the majority and said the rule is a legitimate affirmative‑action measure that does not violate electoral annuality, with Dias Toffoli, André Mendonça, Kassio Nunes Marques, Luiz Fux and Gilmar Mendes joining his position.
• The Court authorized a four‑election compensation or 'refinancing' mechanism that lets parties make up past shortfalls without immediate fines or penalties, a feature the majority described as a transition rather than an amnesty.
• Four ministers—Flávio Dino, Alexandre de Moraes, Edson Fachin and Cármen Lúcia—dissented, warning that allowing compensation without sanctions risks turning a constitutional duty into a weak recommendation and could undercut enforcement.
• Next steps include how parties will actually transfer funds, how electoral authorities will monitor repayment over multiple elections, and whether Congress or the TSE will add oversight or sanctions to ensure the quota boosts Black political representation.