A questão da mulher no Brasil contemporâneo sob a perspectiva jurídica à luz do materialismo histórico-dialético

Abstract

This work critically analyzes the legal and social condition of women in contemporary Brazil through the lens of historical-dialectical materialism, focusing on the period from the early 21st century to the mid-2020s. The central hypothesis argues that the legal form, while presenting itself as neutral and universal, functions ideologically in reproducing class, gender, and racial inequalities, disproportionately affecting working-class and racialized women. The research is justified by the social, political, and academic relevance of the topic, as women’s citizenship represents an essential dimension of the contradictions between the State, law, and capitalism. The study seeks to demonstrate that law, far from being an emancipatory instance, legitimizes social domination even in the face of institutional advances. Methodologically, the research adopts a qualitative and exploratory approach, guided by historical-dialectical materialism, combining bibliographic review and documentary analysis. It draws on national and international scholarship, ranging from epistemological critiques to empirical investigations. The analysis articulates the historical trajectory of women’s citizenship in Brazil - from the late 19th century to the present - with a critique of the policies implemented under the Lula, Dilma, Temer, Bolsonaro, and third Lula administrations. The study aims to show that, despite certain advances, patriarchal and capitalist structures remain central barriers to substantive equality. The research also reconstructs the genesis of patriarchy, law, the State, and capital, demonstrating their interdependent constitution. The critique of bourgeois law is based on the claim that equality and freedom, as abstract categories, conceal material inequalities. From this perspective, the study argues that women’s emancipation cannot be limited to the formal recognition of rights but requires the transformation of material conditions of existence and the overcoming of capitalist social forms. It concludes that the emancipatory feminist struggle must be articulated with a radical critique of the State, law, and capital, in order to construct a sociability grounded in real equality, substantive freedom, and social justice.