Perspectiva de gênero e interseccionalidade como ferramentas para a proteção dos direitos das mulheres : o caso Barbosa de Souza vs. Brasil e a adoção do Protocolo para Julgamento com Perspectiva de Gênero

Abstract

This case study aims to analyze how the case of Barbosa de Souza and Others vs. Brazil, judged by the Inter-American Court of Human Rights, and the Protocol for Judgment with a Gender Perspective, of the National Council of Justice, highlight the importance of applying gender perspectives and intersectional approaches to promote judicial practices attentive to the multiple vulnerabilities faced by women in Brazil. Based on a theoretical contextualization of the gender perspective and intersectionality, this work studies the case of Barbosa de Souza and Others vs. Brazil. The analysis is based on documents from the Inter-American Commission and Court of Human Rights, aiming to understand how the decision contributed to strengthening the debate on the adoption of gender perspectives and intersectional approaches in the Brazilian justice system. Subsequently, it seeks to analyze how the Protocol for Judgment with a Gender Perspective addresses and incorporates the different social markers and multiple forms of discrimination that affect women's access to justice, being an important instrument for incorporating international norms and parameters. Thus, the joint analysis of Márcia Barbosa's case and the Protocol allows us to observe how international gender norms and parameters are being incorporated domestically. Furthermore, it highlights the growing relevance of a gender perspective and intersectionality in guiding judicial activity, which contributes to promoting more equitable access to justice, capable of recognizing the different experiences and challenges that women face in their lives.