The Principle of Cooperation and Adjudication from a Gender Perspective

Abstract

This article analyzes the relationship between the principle of cooperation, introduced by the Brazilian Code of Civil Procedure of 2015, and gender-sensitive adjudication, guided by Recommendation No. 128/2022 of the National Council of Justice. It aims to demonstrate how the interdisciplinarity between procedural law and human rights is essential for building a democratic, inclusive, and gender-sensitive judicial process. Initially, the study examines the principle of cooperation as a mechanism of dialogue and participation among procedural actors, highlighting its practical duties and its connection with constitutional values. Subsequently, it addresses gender-sensitive adjudication as an ethical commitment of the judiciary, capable of preventing the reproduction of stereotypes and ensuring fairer decisions in cases of domestic violence, child custody, and workplace harassment. The interdisciplinary approach shows that the judicial process is not neutral and must be interpreted in accordance with international human rights treaties, such as CEDAW and the Belém do Pará Convention. The case study of Maria da Penha illustrates the importance of cooperation and gender perspective in achieving justice and overcoming invisibility and delays faced by victims. The joint application of cooperation and gender-sensitive adjudication constitutes an indispensable tool for transforming the judicial process into a space for promoting human dignity and equality, while addressing cultural and institutional challenges and strengthening the judiciary’s role in protecting fundamental rights.