O Supremo Tribunal Federal e a perspectiva de gênero: considerações sobre a ADPF 779/DF e os direitos fundamentais da mulher

Abstract

The gender violence it is a problem with historical origins that influences social relations and political decisions, and consequently, also affected the law. Follows from that, the perpetuation of values that downgrade women and legitimize the violence against them. In this context, arises the legitimate defense of honor thesis, an argumentative resource utilized in lawsuit to justify conduct that threatens the dignity of women based in her behavior, seen as the opposite of what society imposes. Starting from these concepts, the presented dissertation consists in an exploratory research that aims to reflect on the position of woman in the brazilian legal order and to find out how the declaration of unconstitutionality of the legitimate defense of honor thesis, that is inserted in the judgment of the Allegation of Non-compliance with a Fundamental Precept (ADPF) no. 779/DF, will impact the guarantee of the fundamental rights of women. To do so, the deductive method was applied and bibliographic and documental sources have been consulted. The research was structured considering legal, historical and social arguments, aiming to know the phenomena of discrimination and gender violence, indispensable for the construction of an understanding of the legislative and jurisprudential evolutions of the subject. In that way, it was possible to define the essential factors for evaluating the implications of the decision with regard to women's rights.