BRAZIL

On September 28, the National Congress, in a joint session, enacted a constitutional amendment for the purpose of political-electoral reform. The proposal introduces innovations in three aspects: promotion of diversity in public office, stimulation of popular participation and party loyalty. You may access the text by clicking here.

It is worth noting that Brazil is facing a political dispute over the electoral system. President Jair Bolsonaro is promoting paper voting, while the Congress has expressed itself in favor of electronic voting. The reform approved today does not address this issue.

The main change is related to the electoral financing system. As a result of this measure, priority in terms of campaign contributions will be given to lists composed of women candidates and black candidates. In this regard, the articles state that the votes received by women and black representatives will be counted as double for the purpose of distributing the resources of the Electoral Fund among the political parties. This measure is of a transitory character and is intended to be implemented in the elections to be held between 2022 and 2030. 

Likewise, it was determined that deputies (federal, state or district) and councilmen who resign from the party by which they were elected will not lose their mandate. This is another exception to the principle of party loyalty, which also provides for the maintenance of the mandate in cases of incorporation, merger of the party or creation of a new party; substantial change or repeated deviation from the party’s program; and serious personal discrimination.

In addition, another modification indicates that as of the 2026 elections, the inauguration of the president of the Republic will be on January 5 and the inauguration of the governors will be on January 6. Currently, both are on January 1.