Da naturalização normativa às contribuições do Protocolo para Julgamento com Perspectiva de Gênero na resolução dos conflitos familiares: uma análise a partir do Banco de Sentenças e Decisões do CNJ

Abstract

The dissertation analyzes the application of the Protocol for Judging with a Gender Perspective (2021), issued by the National Council of Justice (CNJ) and derived from the Inter-American Human Rights System, in judicial decisions arising from family conflicts. The scope was defined within Family Law, based on the identification that there is a legislative naturalization that still denies, despite the constitutionalization of rights, the experiences of women in intrafamilial relationships. The objective was to identify whether the Protocol addresses these naturalizations and provides contributions for women in the resolution of judicialized intrafamilial conflicts. This is a documentary research study in which judicial decisions extracted from the CNJ’s decision database were analyzed. The theoretical framework used for interpreting the data reflects an interdisciplinary approach between Law and normative philosophy, especially between political theory and theories of justice (universalism). The technique used for observing the documents (excerpts from decisions) was content analysis, through a qualitative approach. The results suggest that the Protocol contributes to addressing gender inequalities in judicialized intrafamilial relationships, since interpretive paradigms other than traditional ones have been used as interpretive vectors in judicial decisions, which tends to represent an “expansion of the public sphere” and the deployment of the normative criterion of “participatory parity,” conceived by strands of feminist theory as a means of reducing inequalities. However, the study also identified the need for legislative changes to ensure greater legal certainty for the gender perspective.