Limites e possibilidades para um constitucionalismo feminista no Brasil sob a perspectiva de atuação das organizações feministas

Abstract

This work aimed to analyze the ways in which feminist organizations have contributed and contribute to the construction of a feminist constitutionalism in Brazil. Starting from a reflection on democratic constitutionalism and the idea of constitutional culture, we sought to identify how the constitutional dialogue between the STF and social movements can democratize the process of interpreting the constitution. Based on this analysis, an examination of the performance of feminist entities before the STF was proposed, demonstrating how the lack of active legitimacy to propose actions in the Court constitutes a barrier to the construction of a feminist constitutionalism and to the effectiveness of the principle constitutional principle of equality between men and women. We tried to demonstrate how the performance of organizations such as CLADEM, CEPIA and THEMIS contribute to building a truly just social environment for women. The case study of ADC-19 and ADI 4424, related to the Maria da Penha Law, demonstrate that the performance of these organizations as amicus curiae contributes to the construction of a feminist constitutional hermeneutic, but it is not enough to incorporate it into society and institutions. a logic of equity. Finally, an analysis of the current neoconservative moment in Brazilian society exposes serious setbacks for the performance of these organizations and, consequently, for women's rights.