Direitos fundamentais das mulheres e a problemática do acesso à justiça: a necessidade de políticas públicas para efetividade dos direitos e garantias

Abstract

The object of our scientific concern refers to safeguarding the Fundamental Rights of Women through effective Access to Justice. This and other rights are enshrined in national legislation and international diplomas. The aim, in this sense, was to analyze the difficulties of achieving women's access to justice within the jurisdictional scope. Thus, the research has the scope of bringing together some theoretical contributions that can subsidize agents of the justice system in the analysis of Law in a gender perspective focused on the realization of women's right to access to justice. To this end, it was necessary to deepen the main normative references of the international and inter-American human rights protection systems on the responsibility of the State to eliminate stereotypes that produce intersectional discrimination against women. In this sense, it is the Judiciary that is competent to ensure the rights of each citizen, promoting justice and resolving the likely conflicts that may arise in society. Thus, it must strive for action aimed at equal treatment between men and women in the courts of law and to eliminate all forms of discrimination against women. However, several academic studies and monitoring reports on the implementation of international and inter-American treaties on women's human rights have pointed to a variety of obstacles that women still face for the right of access to justice to be effective.