Justiça de gênero na prática jurisdicional: a aplicação do protocolo para julgamento com perspectiva de gênero nas decisões da 1ª vara mista de Mamanguape/PB

Abstract

This dissertation analyzed the application of the Protocol for Judging with a Gender Perspective (CNJ/ENFAM, 2021) in the rulings issued by the 1st Mixed Court of the District of Mamanguape, Paraíba, between 2021 and 2025. The research, characterized as applied, qualitative and documentary, employed content analysis (Bardin, 2011) and discourse analysis to examine 30 judicial decisions involving cases of domestic violence and drug trafficking involving women. The investigation was based on the hypothesis that the application of the Protocol in the decisions of the 1st Mixed Court of Mamanguape occurs in an incipient, fragmented, and implicit manner. The results corroborate this hypothesis. The analysis of the decisions revealed the absence of explicit reference to the Protocol (0%), indicating that its formal incorporation has not yet occurred in the local judicial discourse. Nevertheless, interpretative elements compatible with a gender perspective were identified in a significant portion of the corpus. An implicit gender perspective was observed in 80% of the decisions, mainly associated with the contextualization of domestic violence and the recognition of the victim’s testimony, while protective reasoning was also present in 80% of the decisions, demonstrating a sensitive application of the Maria da Penha Law and constitutional principles related to the protection of human dignity. Decisionmaking coherence was observed in 100% of the decisions analyzed, with correspondence between reasoning and ruling, as well as clarity and accessibility of judicial language also present in 100% of the corpus. Stereotyped language was residual (3.3%), while 20% of the decisions did not present identifiable elements of a gender perspective. These findings indicate that the incorporation of a gender perspective in the 1st Mixed Court of Mamanguape occurs exclusively at an incipient, fragmented, and implicit level, mainly through the application of protective legislation and the contextualization of gender-based violence dynamics. It was also observed that the judgeships of the courts in the District of Mamanguape are held by female judges, resulting in a predominantly female composition of the local judiciary. However, the results indicate that the presence of women in the judiciary does not automatically imply the explicit incorporation of a gender perspective, whose application depends on the internalization of hermeneutical and institutional frameworks that guide judicial practice. The study achieved its general and specific objectives, empirically demonstrating that the application of a gender perspective in the local criminal jurisdiction is still undergoing a process of institutional consolidation. The research also contributes to the integration between Latin American feminist hermeneutics (Facio, 1992; Severi, 2016; Biroli, 2018) and contemporary constitutional theory (Barroso, 2012; Dworkin, 2002; Kant, 2003), proposing a methodological model of documentary analysis applicable to empirical studies of judicial discourse and engaging with the academic production of the Graduate Program in Legal Sciences of the Federal University of Paraíba, mobilizing contributions from Araujo (2016), Borges (2024), Souto (2020), Fontes (2024), Lima (2024), Peterke (2009), Maia (2003), Batista (2024), Medeiros (2016), Braga (2017), and Sousa (2024), whose works address human dignity, human rights theory, victimology, legal discourse theory, and structural gender inequalities. It is concluded that judging with a gender perspective is already present in the daily decision-making practice of the 1st Mixed Court of Mamanguape, primarily in an implicit manner, indicating interpretative advances in the legal treatment of domestic and gender-based violence, although its formal institutionalization still depends on the strengthening of judicial training policies and the dissemination of the guidelines established by the National Council of Justice. As future perspectives, the study recommends comparative research involving other judicial districts in the state of Paraíba and the Northeast region, as well as the use of automated judicial language analysis technologies to identify discursive patterns and evaluate the incorporation of gender perspective on a broader scale within the justice system.