THE EFFECTIVENESS OF THE 2021 GENDER-CONSCIOUS JUDGMENT PROTOCOL IN THE BRAZILIAN JURISDICTION

Abstract

This extended abstract aims to analyze the content and applicability of the Protocol for Judging with a Gender Perspective, issued by the National Council of Justice (CNJ) in 2021. The study is based on the premise that the law, although presented as neutral, has historically reproduced structural inequalities, thereby requiring normative instruments to guide judicial practice toward overcoming sexism and discrimination. Methodologically, the study adopts a qualitative approach based on a bibliographic review of contemporary legal scholarship and a documentary analysis of the aforementioned protocol. The findings indicate that the document represents a significant institutional advancement by systematizing guidelines for recognizing unconscious biases and applying international human rights treaties. However, it is argued that the effectiveness of the protocol depends on an internal cultural transformation within the judiciary, transcending the mere bureaucratic logic of meeting institutional targets. It is concluded that adopting a gender perspective in judicial decision-making constitutes an ethical and legal imperative for the realization of the principle of substantive equality.