REPERCUSSÕES NO JUDICIÁRIO BRASILEIRO DO CASO MÁRCIA BARBOSA DE SOUZA JULGADO PELA CORTE INTERAMERICANA:

In 2021, the National Council of Justice (CNJ) of Brazil implemented the Protocol for Judging with a Gender Perspective, an instrument designed to guide judges and legal professionals in the analysis of cases involving gender issues. The need for the development and application of this protocol was intensified by Brazil’s conviction in the Marcia Barbosa de Souza case. The international ruling against Brazil highlighted the importance of structural changes and the adoption of concrete measures to prevent further violations in this area. The protocol establishes objective guidelines to ensure that judgments are conducted with impartiality and equality, taking into account gender-related specificities. However, its actual effectiveness depends on its proper application by legal professionals. As a research problem, this study analyzes whether the Protocol for Judging with a Gender Perspective, as an instrument, promotes the enforcement of personality rights within the Brazilian judiciary. Methodologically, the study adopts a deductive approach, utilizing a case study, the CNJ's sentencing database, as well as documentary and bibliographic research. The general objective of the research is to examine the effectiveness of this protocol within the context of the Brazilian judiciary, considering its mandatory nature as a result of Brazil's conviction in the aforementioned case, where violations of personality rights occurred. To this end, the study will analyze aspects of its implementation, including the assessment of judicial documents, rulings, and procedural practices to determine whether and how the guidelines are being applied in the daily operations of the courts.