President of the political party and fraud of gender quotas: electoral legitimacy and joinder of parties

Abstract

Starting from a specific judgment of the TRE-MA, this article intends to analyze the role of the president of a political party as an eventual party in the actions for fraud to the gender quota. The study is based on the criticism of the jurisprudential evolution of the joinder of parties
and a related doctrinal review shortly. Both the cause of action (the phenomenon of fictitious candidacies) and the joinder of parties have not been dealt with with adequate technique by Brazilian courts. Thus, the optionality of joinder in actions for fraud against the gender quota, without even defining what the fraud would be, what the abuse would be and who the abuser would be, leaves central figures in the management of political parties out of scrutiny.