O PROTOCOLO PARA JULGAMENTO COM PERSPECTIVA DE GÊNERO COMO INSTRUMENTO DE COMBATE À VIOLÊNCIA DE GÊNERO NO PODER JUDICIÁRIO

Abstract

This academic research aims to analyze gender-based violence rooted in Brazilian culture, which consequently influences various areas such as politics and justice. The need to create a Protocol for Judgement with a Gender Perspective serves as a guide for magistrates, civil servants, parties and other actors in legal demands to consider the issues involving women's rights and to promote, in their decisions and discussions, respect for the human condition of all victims of violence who identify as women, regardless of their sex. The objective is to foster a cultural shift so that justice becomes an instrument of social emancipation rather than a mechanism for the oppression and perpetuation of structural misogyny. The methodology adopted is a narrative and descriptive bibliographic literature review, concerning research design, and qualitative in terms of data analysis. The sections discussed the Principle of Equality in the Light of the Democratic Rule of Law, as well as Gender Violence in the context of the Protocol for Judgement with a Gender Perspective by the National Council of Justice CNJ, as an advancement in recognizing women in institutional spaces. The final considerations highlight that the protocol, in the legal scenario, is closely aligned with the realization of the principle of material equality. However, it is essential to extend feminist literature to other social spaces such as schools, colleges, etc., and not merely rely on the judiciary to affect a radical and meaningful change.