Gênero e mobilização do direito no Brasil: violência e aborto, dois campos desiguais

Machado, Marta Rodriguez de Assis; Bandeira, Ana Luiza Villela de Viana; Matsuda, Fernanda Emy

doi:10.7476/9788523218638.0004

Cited by 2 publications

(1 citation statement)

References 26 publications

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“…Despite the STF's central role in Brazilian society and politics, until very recently the scope of the literature on gender issues in the Court has been overall limited, with more traditional accounts focused on the merits of constitutional cases concerning women's rights (Piovesan & Gonçalves, 2011). In the last decade, however, scholarship has devoted interest to others aspects of the interaction between gender and the courts, such as the mobilization of women's movements around women's rights before the STF (e.g., Machado & Bracaranse, 2016; Diniz & Tourinho, 2004, 2014; Guimarães 2012; Luna 2013; Machado et al, 2018; Ruibal, 2015, 2020), possible impact of gender in the internal dynamics, practices, silences, and discourses in the STF's decision‐making process (Cesario Alvim, 2016; Gomes 2022), the use of stereotypes in the judges' reasoning in cases involving gender (Annenberg, 2017; Cesario Alvim & Machado, 2024), the gender implications of STF decisions considering dynamics of racism (Flauzina & Pires, 2020), and the role of gender in the STF's decision‐making process (Cesario Alvim et al, 2018).…”

Section: Gender In Brazilian Courts and In The Stfmentioning

confidence: 99%

“They don't let us speak”: Gender, collegiality, and interruptions in deliberations in the Brazilian Supreme Court

Arguelhes,

Cesario Alvim,

Nogueira

et al. 2024

J Empirical Legal Studies

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In this paper, we examine a database containing court rulings and debates (acórdãos) of the Brazilian Supreme Court (“STF”) spanning from 1999 to 2018. Our objective is to analyze the relationship between gender and how judges behave when interacting with each other. Specifically, we investigate whether female judges are more likely to be interrupted by their colleagues during oral debates. Our data are built on real‐time public interactions between the judges, as recorded in the Court's transcripts. The results show that female STF judges are interrupted more often than their male counterparts. While male judges display no specific effects, all three female judges in our data display a very significant and positive probability of being interrupted, as compared to their male colleagues participating in the same deliberations. These results show that, even in institutions designed to protect rights of political minorities, including women, gender dynamics, stereotypes and hierarchies can affect the functioning of courts in visible ways, with potential impacts on the rest of the judiciary and the legal profession. They also suggest that merely increasing the number of female judges, without addressing underlying gender dynamics and procedural rules in the judicial decision‐making process, is insufficient to tackle the disadvantages women face within those institutions.

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Section: Gender In Brazilian Courts and In The Stfmentioning

confidence: 99%

“They don't let us speak”: Gender, collegiality, and interruptions in deliberations in the Brazilian Supreme Court

Arguelhes,

Cesario Alvim,

Nogueira

et al. 2024

J Empirical Legal Studies

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Feminisms, Dworkin and Abortion

Rosa

2024

RGSA

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Objective: The objective of this study is to investigate Brazilian legislation, Dworkin's studies and feminist critical theory regarding abortion with the aim of understanding how feminisms can generate criticism of Brazilian legal regulation and Dworkin's conclusions on the topic. Theoretical Framework: In this topic, the main concepts and theories that underpin the research are presented. Feminist critical theories and Dworkinian theory stand out, providing a solid basis for understanding the context of the investigation. Method: The methodology adopted for this research comprises the hypothetical-deductive method and data collection was carried out through bibliographical documentary research, notably from research sources consisting of scientific articles, books, periodicals and collections. Results and Discussion: The results obtained revealed that (i) different feminisms contribute to confronting sexist oppression; (ii) by guaranteeing the material equality of people, the Federal Constitution is feminist and the acts of the three Powers should be revised accordingly; (iii) the decriminalization of abortion in the first trimester of pregnancy will be decided by the Federal Supreme Court in ADPF 442, but there is a favorable understanding in HC 124/306; (iv) Dworkin's interpretive theory proposes Law as integrity and analyzes abortion from the American context, when the Supreme Court presented a permissive precedent; (v) Dworkin understood abortion as a collective issue because it involves collective values and the intrinsic good of life, which is of state interest, which would justify the State demanding certain responsibilities via regulation; (vi) Dworkin criticizes the author of radical feminism and cites the author of femininity feminism, which is widely criticized for the idealization of motherhood and for enabling sexist aspects; (vii) for the Law, abortion is not a religious, moral or ethical discussion, it does not require consideration between the community's religious rights and other rights, but it is a choice of the pregnant woman and its regulation depends on scientific medical criteria. In the discussion section, these results are contextualized in light of the theoretical framework, highlighting the implications and relationships identified. Possible discrepancies and limitations of the study are also considered in this section. Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence practices in the field of criminal law. These implications could include the (de)criminalization of abortion. Originality/Value: This study contributes to the literature by approaching a critical view of abortion for Dworkinian theory from feminisms. The relevance and value of this research are evidenced by its questioning of some Dworkinian moral assumptions about abortion.

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Gênero e mobilização do direito no Brasil: violência e aborto, dois campos desiguais

Cited by 2 publications

References 26 publications

“They don't let us speak”: Gender, collegiality, and interruptions in deliberations in the Brazilian Supreme Court

“They don't let us speak”: Gender, collegiality, and interruptions in deliberations in the Brazilian Supreme Court

Feminisms, Dworkin and Abortion

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