Brazil Supreme Court upholds 30% electoral fund quota for Black candidates

The Supreme Federal Court (STF) confirmed the constitutionality of Amendment Constitution 133/2024, which obliges political parties to allocate at least 30% of the Special Campaign Financing Fund and the Party Fund to candidates who are Black or mixed‑race. The decision, taken in a virtual session that ended on 26 June, was authored by Minister Cristiano Zanin, who said the amendment enshrines an affirmative‑action measure in the Constitution and that the 30% figure is a minimum floor that parties may exceed.

The ruling also requires parties that failed to meet the quota in previous elections to compensate the shortfall over the next four electoral cycles, beginning with the 2026 election, without reducing the mandatory 30% share. The majority vote was joined by Ministers Dias Toffoli, André Mendonça, Kassio Nunes Marques, Luiz Fux and Gilmar Mendes. Dissenting were Ministers Cármen Lúcia, Flávio Dino, Alexandre de Moraes and Edson Fachin. Dino argued that the provision neutralises past affirmative‑action policies by removing sanctions for non‑compliance.

The decision marks the first time a racial quota for campaign financing is written directly into Brazil’s constitution, aiming to address historic under‑representation of Black and mixed‑race politicians.