APPLYING THE GENDER PERSPECTIVE IN DOMESTIC VIOLENCE TRIALS: BETWEEN THE TRIAL PROTOCOL WITH A GENDER PERSPECTIVE AND THE CHANGES BROUGHT INTO BY LAW NO. 14,550/2023

Abstract

Domestic violence remains one of the most evident reflections of structural gender inequality in Brazil. Although the Maria da Penha Law represents a milestone in protecting women, challenges regarding its effective implementation persist. In this context, Law No. 14.550/2023 introduced significant amendments to the legal framework, aiming for a more protective and equitable approach, with emphasis on the pro personae interpretation. However, its practical application coexists with another important instrument: the Protocol for Judging with a Gender Perspective, issued by the National Council of Justice. This dissertation aimed to investigate how court decisions in domestic violence cases have been justified, considering both the new legislation and the Protocol. A qualitative methodology was adopted, based on jurisprudential analysis of decisions from the Superior Court of Justice and regional courts. The results indicate that, despite the innovations of Law No. 14.550/2023, the Protocol is more frequently cited in judicial reasoning. The analysis shows that, while the law reinforces the protective nature of the legislation, the Protocol provides more consolidated and accessible interpretive tools for judges. It is concluded that the integration of both instruments is essential to promote a justice system that is truly responsive to gender issues. There is a need to expand the training of legal professionals to ensure the integrated and effective application of these frameworks.