The judiciary's leading role in regulating campaign financing in Brazil

Abstract

This study aims to understand how the Judiciary has been acting in regulating the distribution of funds for the electoral campaign financing of underrepresented groups and how the Legislative branch has reacted to these decisions. Using a qualitative approach, with a descriptive and analytical character, it discusses the normative competence of the Brazilian Justice system; then, it provides a historical overview of campaign financing in Brazil; and, finally, it analyzes the recent actions of the Judiciary in shaping rules on campaign financing related to women, Black people, and Indigenous people, as well as the reaction of the National Congress. The analysis covers: ADIs 4650/2015 and 5617/2018; Consultations nº. 0600252-18.2018.6.00.000 and nº 0600306-47.2019.6.00.0000; ADPF 738/2020; and Resolutions nº. 23.665/2022 and nº. 23.752/2026. In contrast to the judicial decisions, the reaction in the Legislative branch is presented through the analysis of Laws 13.487/2017 and 13.488/2017, and Constitutional Amendments 117/2022 and 133/2024. The work concludes that political issues are being regulated by the Judiciary but may later return to the parliamentary arena, in an ongoing institutional interaction filled with discussions about the limits of the Courts and tensions that reverberate in the relationship between the Powers.