A igualdade de gênero como direito fundamental em tempos de pandemia da COVID-19 no Brasil

Abstract

The transformations of the contemporary constitutional text enabled the institutionalization of fundamental rights in Brazil, among them, the principle of gender equality. From then on, it was established as the duty of the State to take appropriate measures for the equal insertion of women in society. Meanwhile, the Covid-19 pandemic was an unprecedented tragedy. Brazil, which was already experiencing an economic and political crisis, also faced a health crisis, which led to the worsening of gender vulnerability. As the numbers demonstrate, there was a deepening of the asymmetrical conditions and, therefore, of the conditions of precariousness in women's lives, which confronts the effectiveness of the fundamental right to gender equality, foreseen in CF/88. Even in the face of the pandemic crisis, the Brazilian constitutional order allowed the adoption of mechanisms to minimize the effects of the pandemic to the detriment of women, whether in the public or private sphere, but they were not enough. The Covid-19 pandemic has once again exposed gender vulnerability, especially in countries where constitutional promises have not yet been fully fulfilled, as in Brazil. From the bibliographic research technique linked to the collection of data made available by the Brazilian State itself and by several institutions, it is evident that the social and economic impacts of the coronavirus pandemic were different for women and men. Despite the significant advances that occurred with the achievement of women's rights, gender vulnerability remains a challenge to be overcome in the search for a true Democratic State of Law and a fair and egalitarian society for all.