Protocol for trial with a gender perspective: a decolonial and intersectional analysis

Abstract

This text presents critical reflections on the Protocol for Judgment with a Gender Perspective, prepared by the National Council of Justice of Brazil in 2021, and whose guidelines became mandatory, for the entire Judiciary, from March 2023. Through In a quantitative-qualitative investigation, we seek to identify and characterize the preparation context, the profile of the working group that carried out the preparation, the methodology adopted, the participation or not of civil society, the structure and content and, in particular, the references bibliographical references used, all with the aim of highlighting, from an intersectional and decolonial feminist point of view, the degree of approximation between the top of the Brazilian justice system and the legal-feminist academic literature developed in the context of the global south, more especially in Latin America and, in this context, the contributions of the Latin American Network of Law Scholars. The results show that the Protocol in question was prepared in just 6 months, in 2021, in the middle of the pandemic. The group in charge of writing it was formed exclusively by jurists, without any participation from organized civil society or the academic community, in particular feminist researchers who, for decades, have contributed with publications relevant to the debate on the incorporation of the gender perspective in juridical area.