Igualdade de gênero e a efetividade dos direitos das mulheres: uma análise a partir de decisões do Supremo Tribunal Federal

Abstract

The Constitution of the Federative Republic of Brazil of 1988 provides, in article 5º, caput, that “all are equal before the law, without distinction of any kind, guaranteeing [...] the inviolability of the right to life, liberty, equality, security and property”. In the same sense, item I of the legal provision provides that "men and women are equal in rights and obligations, under the terms of this Constitution", which demonstrates that the Brazilian legal system aims to protect the rights of men and women, in order to offer conditions of equality and isonomy. However, there are still situations of gender inequality, such as the various forms of violence against women, including domestic violence, difficulties in entering the labor market and salary differences, poor distribution of domestic tasks, underrepresentation women in politics, among others. The present work intends to analyze the influences of gender inequality in the legal system, based on decisions of the Federal Supreme Court, in order to verify or not the violation of women's rights in the Court's judgments.