Alcançando uma justiça feminista: uma análise da perspectiva de gênero no judiciário e o ODS 5

Abstract

Guided by the need to promote gender equality as proposed by Sustainable Development Goals 5 (SDG 5), this paper aims to highlight the importance of Brazilian judicial courts basing their decisions on a gender perspective, as proposed by the Gender Perspective in Judgments Protocol of the National Council of Justice (CNJ). To achieve this, it analyzes decisions from the 27 Brazilian state courts to identify if they are deciding and implementing a gender perspective in their jurisdictions. The study is descriptive, with a quantitative and qualitative approach, which includes the analysis of scientific articles, protocols, ecommendations, and legislation on the subject. A survey was conducted on the databases of first and second instance verdicts available on the official websites of these courts, and the results indicate a small number of decisions with a gender perspective, concentrated in São Paulo and Rio de Janeiro, with the vast majority in the criminal sphere. There was a lack of uniformity in the application of the Gender Perspective in Judgments Protocol in the courts, necessitating investments in training and education of judges for the proper implementation of this instrument. It is suggested that Brazilian courts adopt a more critical and reflective approach regarding the gender perspective, promoting a more equitable and democratic justice system, and advancing public policies in favor of gender equality in line with SDG 5.