Let's assume that I am making a game with the jam's restrictions in mind. I decide to use flickering effects. There is no palette swapping. Does it still count as a 5th color?
Visualisation displayed below.
As you can see in the gif, the portrait of the robot gets covered by a set of oscillating lines. They move up and down every frame, to the point that it creates an optical illusion of a 5th (well, in this case 4th) color, specifically for the purpose of simulating translucency.
50 fps gif

However, as demonstrated by the photo below (or by looking at the gif's individual frames), there is absolutely no additional color beyond the black, white and red displayed.
static screenshot

This flickering is something you could do on the game boy's display.
But your explanation of the color palette rules make me worried that I'd be disqualified for using this technique, despite respecting the hardware's limitations.
So, would a game using flickering for the optical illusion of transparency be disqualified?
