CONTROLE CONCENTRADO DE CONSTITUCIONALIDADE E DIREITOS HUMANOS DAS MULHERES NO BRASIL: UMA ANÁLISE DA JURISPRUDÊNCIA DO SUPREMO TRIBUNAL FEDERAL

Abstract

 This article analyzes the performance of the Brazilian Federal Supreme Court (STF) in recognizing women’s right to a life free from violence, focusing on decisions rendered within the scope of concentrated constitution­ality control. The research adopts a critical approach, based on theoretical assumptions that emphasize the centrality of substantive equality and vulnerability as the foundation of justice. Empirical research was conducted on a set of STF decisions, which were analyzed using the content analysis technique with an inductive approach. The court rulings were indexed by the keywords “woman” and “vio­lence,” using ATLAS.ti software for the orga­nization and coding of the material. In this article, I analyze four categories arising from the body of decisions: vulnerability, sufficient protection, substantive equality, and gender as a social construct. The results indicate that, although the STF recognizes the legitimacy of measures aimed at tackling gender-based violence against women and invokes consti­tutional principles and international commit­ments, its jurisprudence presents theoretical gaps regarding the contribution of feminist constitutionalism. It is observed that, despite relevant normative advances, the Court’s per­formance still operates with restrictive con­ceptions of equality and gender, limiting the transformative potential of its decisions. The study contributes to the debate on the chal­lenges and possibilities of incorporating femi­nist perspectives into the field of Brazilian constitutional jurisdiction.

KEYWORDS: Federal Supreme Court. Feminist Constitutionalism. Women’s Human Rights. Gender Violence.