JUDICIAL REPARATION POLICIES AND GENDER: A STUDY OF THE APPLICATION OF THE PROTOCOL FOR JUDGING WITH A GENDER PERSPECTIVE IN PERNAMBUCO

Abstract

The dialogue between justice and gender has become a necessary and important debate in light of the wide range of violations of women’s human rights in everyday life, including the exponential increase in violence and femicide rates in Brazil. This study aims to examine decisions issued by the Pernambuco judiciary on this issue, with the goal of identifying how the Protocol for Adjudication with a Gender Perspective, established by Resolution 492/2023 of the National Council of Justice (CNJ), has been implemented in the work processes of judges, appellate judges, and their teams, through rulings and decisions. This is an exploratory study, both qualitative and quantitative in nature, using content analysis methodology to survey case law related to the topic. From the outset, the research revealed the challenge of viewing the category of analysis as a critical and technical-political tool that must be unpacked and reconfigured within the practices and actions of the justice system, since the regulations alone are insufficient to demonstrate the incorporation of this issue into the daily work of the agents who make up the justice system. In this regard, we turned to the interpretation of symbolic and representational elements that permeate gender hierarchies and their reproduction within state institutions. In this way, the theoretical framework provided a basis for understanding the marginal status that this issue still holds within the judiciary, despite the development of significant international and national legal frameworks related to the topic. The results highlight the importance of creating tools that give visibility to court rulings, but they also point to the need for training, gender literacy, and the creation of mechanisms to monitor rulings based on the methodology outlined in the Protocol.