Judicial precedents and gender perspective: analysis of the decisions of the Federal Supreme Court and the importance of a deliberative court.
Precedents. Collegiality. Deliberation. Gender. Feminism.
The central objective of this research is to analyze four precedents of the Federal Supreme Court that address issues pertaining to gender issues, in order to empirically verify whether this Court adopts a Court adopts a feminist perspective in its deliberations and judgments, as well as whether it is possible to identify the reasons for deciding that clearly and explicitly constitute the institutional positioning and thus bind future analogous cases, as a system of precedents requires. To this purpose, the deductive research method is used, with bibliographic and qualitative analyzes by sampling methods.
Thus, we will argue about the relevance of an analysis of the decision-making behavior of the Supreme Court and its deliberative process, which represents a mere reading of individual votes, without debates, exchanges and argumentative cohesion, which, in addition to represent barriers access to justice, affects the democratic legitimacy of its decisions, as well as demonstrating the fragility and fragmentation of the collegiate body.
Based ond the judgments analyzed and the votes given by each of the members of the Supreme Court, we can see how unequal gender relations operate in the judgments, often not understood as central issues, when they should be, as well as still stereotyped views and a lack of concern about adopting an emancipatory adopting an emancipatory perspective on gender relations.