Feminism and Access to Justice

in search of substantive gender equality

Abstract

This article correlates feminist substantial equality with the effectiveness of access to justice, going through the importance of constitutional solidarity as an indispensable corollary for overcoming the obstacles that still prevent the democratic exercise of rights. Starting from the basic premise that the formal equality established in the constitutional text is logically insufficient, the text seeks to emphasize the importance of effective substantial gender equality, especially in relation to the presence of women in the public sphere, where rights are put in perspective. The discussion reaches the scope of access to justice, whose effectiveness is sought precisely from the unrestricted access of everyone who wants to claim a right guaranteed by the legal system. To this end, taking into account the principle of solidarity as a constitutional norm, the text points out the role of the State in the elaboration and execution of public policies necessary for the balance of substantial equality between men and women, especially from the representation of political rights. The analysis is carried out through bibliographical research, using the descriptive research method, with a qualitative approach. The text intends, in the end, to highlight the importance of the radical search for substantial gender equality that repositions the role of women in an environment of political representation, thus achieving the effectiveness of women's rights beyond the merely formal level.