The applicability of the gender trial protocol in Brazilian criminal proceedings

Abstract

This article aims to evaluate the Gender Perspective Judgment Protocol, created by the National Council of Justice (CNJ) in 2021, in the context of Brazilian criminal procedural law. To achieve this, the methodology adopted was bibliographic and documentary research, with qualitative analysis, through readings of physical and digitais books, scientific articles, legislation, international conventions and doctrines relevant to the field of study, in addition to case law and case studies. The analysis of judicial decisions aimed to relate the theoretical study of the Protocol with its practical application in the courts. The study presents the concept and historical events that motivated the creation of the Protocol, in addition to examining judicial decisions with the objective of relating its theoretical basis with practical application in the courts. To this end, examples of media cases are analyzed and, subsequently, their applicability with a focus on the Court of Justice of Tocantins.The results of the study concluded that there have been significant advances in the achievement of women's rights and in the fight against gender-based violence, with the application of the Protocol in several legal proceedings in courts throughout Brazil. However, it was demonstrated that there is a need to further expand its use in order to ensure greater effectiveness in criminal justice and minimize resistance to a gender perspective in judicial decisions.