Direitos da mulheres avanços legislativos e perspectivas do feminismo

Abstract

Introduction: The theme surrounding women's rights is an essential part of Human Rights, based on the principle of Equality and Dignity of each individual. Although human rights are conceived as universal, that is, applicable to all people without discrimination, various historical, economic and social conditions have prevented the full realization of these rights. Despite the theoretical discussions that have been and still are raised, as well as the numerous necessary advances, there is still a need not only to have a greater scope in the rights achieved by women, but to fully implement them, highlighting also the occurrence of important changes in the legislative scope and promotion of a society without patriarchal stigmas. Objective: Promote gender equality through awareness and increasing the effectiveness of legal norms that protect women, thus challenging the patriarchalism rooted in the population, thereby removing stereotypes harmful to feminism, seeking to stimulate a fairer, more harmonious and egalitarian society to all. Methodology: The study adopts an integrative review approach in the context of women's rights, with the central research question being: “What are the impacts of legislation aimed at women's rights in the current legal context? ”. To prepare the research, we consulted several sources, including the book “Confronting domestic and family violence against women” by Rose Marques. Furthermore, we use the Projuris database. Critical analysis of materials is crucial to assess methodological validity. Data extraction and interpretation will be carried out to support the discussion and conclusion of the study, exploring crossed Legal Sciences Descriptors (DeCJ), such as “Women's Rights; Legislation; Gender Equity. ” Results and discussions: It is true to say that a law coming into force without society being culturally prepared for its application in the social environment will result in a possible ineffectiveness of the legal norm. In view of this, it is extremely important to extinguish the patriarchal stigmas rooted in the population to better put women's rights into practice. With feminist struggles in recent decades, there has been an increasing level of education on their part and consequently an increase in the job market, according to Jornal da Unicamp, between 1976 and 2007 women's participation in paid work increased by 85%, “women entered increasingly in work niches previously considered male and the most educated women have increased their participation in leadership and management positions” (Jornal da Unicamp), given such factors, we are gradually overcoming the patriarchal aspect of the social environment. However, IBGE data indicate that Brazilian workers receive, on average, 20.5% less than men, thus showing that, even with the increasingly frequent increase in women's employment, there is still a devaluation of women in terms of employment. salary, an act that is prohibited by the Magna Carta in its article 7, item XXX, but which is still widely seen in society, thanks to the traces that patriarchalism has left in our population. The advancement of jurisdiction in the protection of women is of paramount importance, in recent decades several laws have been created that bring a sense of equity, we can mention labor standards that aim to protect women in the job market, standards that protect the physical integrity of woman (law 11,340, law 13,104/2015, Laws 14,612/2013, among others), this shows the countless advances made by the Legislative power in understanding the female perspective, introducing it to material equality and thus demonstrating the great effects of women's struggle for greater rights. Final considerations: Therefore, it was observed throughout this work that human rights for women still face great legislative difficulties and the implementation of Public Policies. Therefore, it is crucial to advocate human rights in accordance with international and national regulations, including the 1988 Magna Carta and democratic principles.Therefore, it is important to transform this social, legal and political reality into an agenda to be debated and analyzed, generating an effort from the whole of society and strengthening movements organized by women and/or jurists. Furthermore, there is a need for a paradigm shift that will take place through education focused on Human Rights.