Lugar de mulher é na política: a participação política da mulher no PL 1951/2021 sob a perspectiva crítico- discursiva.

Abstract

The present work starts from the questioning regarding the legal discourse of PL 1951/2021 and whether such a proposition actually promotes the increase of female participation in politics. To answer this question, the main goal is to investigate this legal discourse, through the use of the theoretical-methodological agenda of critical discourse analysis, associated with the discussion regarding the social role of women and the systematic analysis of electoral legislation and jurisprudence. Searches were made in the legislative proposals in the Federal Senate and in the Chamber of Deputies, of the year 2021, to find the aforementioned PL 1951/2021, among numerous proposals that are being processed in both houses and that deal in a more or less comprehensive way with the participation of the woman in politics. It is based on the hypothesis that the wording of the bill would not promote a real increase in this participation, and could even make it difficult for women to gain political office. The research has, as one of its foundations, critical discourse analysis, founded in Fairclough, as a theoretical-methodological agenda to investigate the traits of the dominant ideology, as well as the representation of social actors and the argumentative direction of the legal text. This work also uses the discursive construction of gender and the social role of women, as well as the idealization of a feminist counter-discourse, replacing the neutral use of the masculine. The primary objective of using feminist readings is to characterize the critical analysis of the legal discourse constructed here as feminist, bearing in mind the need to strengthen this specific field of study. Still as an epistemological basis, this research works on electoral legislation and jurisprudence on the issue of women in politics, as well as the use of the theory of the critical mass in the definition of participation quotas. Regarding the first point, the bill intends to amend the Elections Law, the Political Parties Law and the Electoral Code, hence the need for a systematic analysis of normative acts on the issue. In addition, it also intends to remove jurisprudential understandings already consolidated by the Superior Electoral Court and the Federal Supreme Court. As for the critical mass theory, it is verified that this theory is used only in its numerical aspect, without considering the interference of other social actors, mainly political parties, in increasing the qualitative participation of women in politics. Based on this epistemological tripod, a critical analysis of the legal discourse of the PL 1951 is carried out, where the use of the social role of women, discursively naturalized, is demonstrated to justify rules and interpretations that, in the end, will promote a setback in the already deficient female participation in the policy.