A potencialidade do tratamento transversal da educação em políticas de gênero e das relações étnicos-raciais na educação jurídica como instrumento de transformação da sociedade

Abstract

Law courses in Brazil train jurists who will be responsible for recognizing or denying rights, which places them in an important space of power, giving them the ability to reproduce or reduce inequalities and oppression. Even after undergoing curricular changes, Law courses maintained their lack of criticism and formality in relation to the interpretation of legal norms, moving away from a contextualized analysis of the issue. In 2021, Resolution CNE/CES 5/2018 came into force, which determined the inclusion in the pedagogical project of Law courses of the transversal treatment of education in gender policies and ethnic-racial relations. Faced with the preliminary finding that even in the face of intense feminist struggles and constitutional and legal guarantees, which promised equal rights between men and women, the greater number of white women in law courses and legal teaching, black women are still denied the necessary conditions to compete for these spaces, it is analyzed whether the transversal treatment of gender and race studies in legal education contributes to the construction of a less unequal society. The research is relevant because gender and racial oppression, the result of a colonial past, currently sustains violence against black women, from moral and sexual harassment to feminicide. Through the deductive method, based on documentary and bibliographical research, with theoretical references in Anibal Quijano, Bell Hooks, Christine Bard, Grada Kilomba, Hannah Arendt, Heleieth Saffioti and Lélia Gonzalez, inherited social and sexual roles are analyzed from the colonial period that are still imposed on women; feminist and anti-racist struggles are examined; the forms of transversal treatment of gender studies in legal education are investigated. It is concluded that the effective implementation of the transversal treatment of education in gender policies in law courses constitutes an efficient decolonial tool from the perspective of black feminism, due to the formation of subjects committed to confronting gender oppression and building a society less unequal, not only in their professional scope, but also with the reproduction of gender policies in their routines and spaces