Strategic litigation for gender equality: The case of campaign funding for women

Abstract

The objective of this article is to describe the recent strategic litigation case that culminated in the legal transformation that occurred in Brazil in relation to the mandatory financing of women's political campaigns. From this perspective, I will seek to critically analyze the issues at stake in the ADI 5617 judgment by the Brazilian Supreme Court in March 2018, which determined the minimum 30% of the parties' investment in candidate campaigns. The case will be approached from the point of view of the work of the FGV Direito Rio Law Clinic “Laboratory of Fundamental Rights”, as representative of the NGO CEPIA as amicus curiae in this action. Based on this experience, I intend to reflect on the challenges of using strategic litigation to advancing human rights in general, and the political rights of women in Brazil in particular.

Keywords:
Fundamental rights; Equality; Women; Politics; Campaign Funding; Strategic litigation; Quotes; Brazilian supreme court