A DESIGUALDADE DE GÊNERO NO SISTEMA DE JUSTIÇA: A INFLUÊNCIA DO PROTOCOLO DE JULGAMENTO SOB PERSPECTIVA DE GÊNERO NA (IM)PARCIALIDADE DO MAGISTRADO

Abstract

Gender inequality is a persistent and structural issue embedded in the everyday practice of the Brazilian justice system. Despite the international treaties incorporated into the Brazilian legal framework, the constitutional provision of equality between men and women, and specific legislation on the matter, the experiences of women in their interactions with the Judiciary reveal that the realization of substantive equality remains a challenge. This is evidenced by procedural and institutional violence based on gender, as well as the underrepresentation of women in positions of power within the Judiciary. In this context, the Protocol for Judging with a Gender Perspective, implemented by the National Council of Justice (CNJ) and made mandatory under Resolution No. 492 of the CNJ, is essential for establishing guidelines concerning the conduct of judges. It takes into account the gender stereotypes deeply rooted in the justice system and in the culture of those who represent it, which is analyzed through the theoretical common sense of jurists, as conceptualized by Professor Luis Alberto Warat. Thus, this research — conducted through a deductive method, with a qualitative and exploratory approach, based on bibliographic and documentary analysis — aims to investigate whether the Protocol for Judging with a Gender Perspective violates the principle of impartiality that must be observed by judges. The study concludes that the Protocol actually serves as a tool for ensuring judicial impartiality. By promoting critical reflection on the values and prejudices internalized by judges — often stemming from societal structures and a legal education system that is not oriented toward deconstructive thinking — the Protocol encourages more objective rulings that are committed to achieving substantive equality within a Democratic State governed by the rule of law.