Discriminação de gênero na magistratura brasileira: ocupação feminina nos Tribunais e ações afirmativas

Abstract

This is a bibliographic and documentary research whose main objective is to identify, in the context of public policies, affirmative actions and how these measures can contribute to the elimination of discrimination against women in the Brazilian judiciary. Having as an initial parameter the "Diagnosis of female participation in the Judiciary", carried out by the National Council of Justice in 2019, along with other related surveys, the female under-representation is examined as the judge progresses in her career. From the questioning of difference and the question of identity, which leads women to a situation of disadvantage in spaces of power, as well as the questioning of the pillars on which the construction of gender stereotypes and the sexual division of labor are established, investigate the barriers that impede and/or hinder the rise of female magistrates in the Courts are highlighted. With this examination, and going through a brief exposition on the institute of Affirmative Actions, the study was guided by the intention to answer the following problem: What affirmative actions and in what way can they contribute to overcoming the discrimination of brazilian magistrates in the occupation of positions directives and access to the second degree of jurisdiction and to the Superior and Extraordinary Courts? The study suggests the adoption of quota policies to occupy spaces of power and decision, as well as positions of greater political visibility, as a way of conferring female representation in these places, and also as actions to promote diversity and flexibilization of norms related to the productivity goals and career advancement. Such measures will not be immune from criticism, but it is believed that they can be the means of restructuring the Judiciary in terms of female participation.