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.
