O protocolo para julgamento com perspectiva de gênero do CNJ como caminho para a construção de uma cultura jurídica de emancipação feminina: uma análise de seus fundamentos, diretrizes e aplicações

Abstract

In a society marked by structural sexism, as is the case in Brazil, it is plausible that judicial activity reproduces discriminatory patterns, given that magistrates, as members of this social context, are not immune to internalizing these patterns and gender stereotypes. The Judiciary, therefore, can manifest itself as a place of re-victimization and reinforcement of historical exclusions, deepening the vulnerabilities faced by women, instead of guaranteeing welcome, listening and full access to justice. In this context, the Protocol for Judging with a Gender Perspective, drawn up by the National Council of Justice (CNJ) in 2021, has emerged. It is an institutional policy aimed at promoting gender material equality in the judicial sphere, through the adoption of an interpretative methodology that considers the specificities of gender and the intersectionalities that run through women’s reality. The aim of this study was to investigate this normative instrument, analyzing its foundations, guidelines and structure. To this end, a qualitative, descriptive and exploratory study was adopted, based on bibliographic, documentary, and legislative review. In the final stage, a quantitative analysis was also incorporated, with data extracted from the CNJ’s Bank of Judgments and Decisions. The findings indicate that the Protocol represents significant progress in building a legal culture committed to female emancipation. However, its effectiveness depends on the CNJ’s and courts’ commitment to fostering ongoing training efforts focused on gender, race, ethnicity, human rights, and other social markers, under an intersectional approach.