As mulheres e o princípio da igualdade jurídica

Abstract

This work approaches the legal relationship between the principle of equality and specific legislation for the protection of women. Let's analyze the assertions of law operators who see contradictions in these laws. According to them, they would reduce the constitutional precepts of equality, especially the bellow the constitucional legislation. The work also intends to analyze if it’s necessary to bring guarantees for the equity and protection of women in legislation. In this sense, to evaluate if these measures are effective, based on studies of government programs adopted in the State of Paraíba, such as the Integrated Program Maria da Penha Patrol, which monitors the lives of women who have or requested MPU – Urgent Protective Measures . The research approached historical and social aspects, with data and information about the law and the law applications, drawing a parallel between the constitutional and criminal aspects of protecting people's lives, compared with the legislation that guarantee specific rights and protections for women, such as the legal provision against domestic and family violence, contained in Law No. 11,340/2006. As part of the questions about the validity of the Maria da Penha Law and the need for specific legislation, we will also discuss the debate on the concept of gender justice, as a proposal to expand justice access, and evaluate the markers (gender, race and class) that cross the lives of black women as demarcating factors of oppression, violence and exclusion, which will reflect in the labor market, in access to the health system, in public policies and, of course , in the justice system. Markers that put black women at the top of the statistics of violence and human rights violations.