A interseccionalidade na Corte Interamericana de Direitos Humanos : o posicionamento do Brasil sobre o caso das mulheres privadas de liberdade (2020-2022)

Abstract

The Inter-American Human Rights System (IAHRS) is a regional system created for the protection of rights, located in the Americas and originated from the Organization of American States (OAS). Used by movements of vulnerable groups, the IAHRS offers, through bodies such as the Inter-American Court of Human Rights (IACHR) and its provisions, visibility to local structural inequalities, pressuring its member states to promote social changes. One of these target groups is the women, although they initially faced certain neglect on gender issues by the Court, they use its jurisprudence to guarantee the application of international parameters to protect their rights. Intersectionality and other feminist advances, in this context, were considered as a possibility of overcoming normative and decision-making gaps that favored women in positions of privilege, since, together, they give importance to aspects such as class, race and sexuality, among others. Deprivation of liberty, then, emerges as an aspect of vulnerability aggravated by each of these categories, as observed in Brazil, where there is a large female prison population. Thus, considering the perspective of intersectionality, the central objective of this project is to analyze how the Brazilian position on special approaches to incarcerated women is aligned with the wording of Advisory Opinion AO-29/22, the Court's latest official position document on the group. To this end, an exploratory case study was conducted, using as a research source the documentation brought by the country and other actors in amicus curiae as an argumentative contribution in relation to the content of the aforementioned AO. These documents were compiled and examined, according to Document Analysis and Content Analysis. Regarding the theoretical and thematic scope of the work, a bibliographic review was used to better understand the reality of the group of women in question and how intersectionality praxis has been applied in the IAHRS.