Brazil’s top election court sets 2026 rules, enhancing indigenous funding and adjusting women’s quota

The Brazilian Superior Electoral Court (TSE) has formalized a crucial set of regulations governing the 2026 presidential elections, bringing significant updates to campaign finance and voter accessibility. Approved on Thursday, February 27, 2025, these seven resolutions outline specific operational guidelines, following an extensive period of public consultation.

The detailed rules cover areas ranging from electoral polling and accountability practices to the management of the Special Fund for Campaign Financing (FEFC). They also address the vital issue of voter transportation on election day, aiming to ensure broad participation.

The approval process culminated after public hearings held earlier this month, where more than 1,400 proposals from civil society organizations, the Electoral Public Prosecutor’s Office, and other entities were meticulously reviewed. Technical teams scrutinized these suggestions before presenting the final versions for a vote.

Proportional Funding Mandated for Indigenous Candidacies

A notable innovation among the newly approved regulations is the explicit requirement for political parties to allocate campaign funds proportionally to their indigenous candidacies. This means if a party registers, for instance, 20% indigenous candidates, it must dedicate at least 20% of its electoral fund to those campaigns.

This measure mirrors existing policies for women and Black individuals, where a minimum of 30% of candidacies must be directed to these groups, accompanied by corresponding funding. The inclusion of indigenous candidates aims to enhance representation and support for these vital communities within the electoral landscape.

Clarifying Women’s Campaign Finance Rules

A sensitive point regarding the financing of women’s candidacies saw an important adjustment during the approval process. An initial draft, presented by Minister Nunes Marques, proposed allowing expenses for preventing and combating political violence against women, including security costs, to count towards the mandatory 30% quota designated for female candidates.

This specific provision drew considerable criticism from the Electoral Public Prosecutor’s Office and various advocacy organizations. Critics argued that such a rule could inadvertently create a loophole, potentially enabling parties to inflate security-related expenses to meet the minimum percentage, thereby diverting funds from direct campaign activities for women.

Suggestions from public hearings included imposing percentage limits on these types of expenses and requiring formal requests from candidates for security provisions. Following these discussions, the rapporteur revised the resolution.

The final text removed the explicit authorization for these specific expenses—such as security and anti-violence measures—to be directly counted within the 30% female candidate quota. While these expenditures are still recognized as legitimate electoral costs, the amendment significantly reduced the initial scope of the proposal, aiming to ensure more direct financial support for women’s campaigns.

Enhancing Voter Access with “Your Vote Matters” Program

Another progressive initiative introduced is the “Seu Voto Importa” (Your Vote Matters) program, designed to provide specialized transportation for voters facing significant barriers. This program specifically targets individuals with disabilities or reduced mobility, ensuring they can reach polling stations comfortably.

Beyond this, the service will also extend to indigenous communities, quilombolas, and other traditional communities residing in remote or hard-to-access regions. The Electoral Justice itself will oversee and organize this transport, fundamentally designed to prevent any illicit practices of voter inducement or coercion, thereby safeguarding the integrity of the voting process.

The Resolution Approval Process

The meticulous approval process for these resolutions began with the release of initial drafts in January 2025. Following this, the Superior Electoral Court conducted three full days of public hearings in early February, actively soliciting feedback and proposals. Over 1,400 suggestions were submitted by various civil society groups, specialized organizations, and the Electoral Public Prosecutor’s Office. These extensive inputs were then thoroughly analyzed by the technical departments before the final versions were submitted for vote and subsequent approval on Thursday, February 27, 2025. This comprehensive approach underscores a commitment to transparent and inclusive electoral reforms.

Upcoming Debates on Digital Campaigning

Ministers of the Superior Electoral Court are scheduled to reconvene on Monday, March 3, 2025, to deliberate on the remaining resolutions. Among these, the resolution addressing electoral propaganda is considered one of the most critical components of the entire reform package.

The preliminary draft of this resolution, released previously, raised concerns due to its limited scope on combating misinformation and its surprising omission of guidelines regarding the use of artificial intelligence in campaigns. This gap was a major point of discussion during the public hearings.

Suggestions from these hearings included implementing fines of up to R$ 30,000 for individuals found to be disseminating misinformation using AI tools. Additionally, there were calls to reconsider the permissibility of boosting content critical of the federal government during the pre-campaign period, signaling a broader debate on digital ethics in elections.

What Offices Are at Stake in 2026?

The upcoming 2026 general elections will determine a range of crucial political positions, including the Presidency and Vice-Presidency of the Republic, as well as senators, federal deputies, state deputies, and district deputies in the Federal District.