Women and Justice: Court: Supremo Tribunal Federal (Supreme Federal Court of Brazil)

Domestic Case Law

Direct Action of Unconstitutionality (ADI) 4275 Supremo Tribunal Federal (Supreme Federal Court of Brazil) (2009)

Gender discrimination, LGBTIQ

Brazil’s Supreme Court decided by a majority that transgender individuals could change their legal name and gender marked in the civil registry. The court stated that this does not require psychological evaluation, hormonal treatment, transition surgery, or any other medical procedure. The court recognized the right of transgender persons to change their civil registry without gender change or even judicial authorization. All the justices of the court recognized the right and the majority understood that no judicial authorization is necessary of the amendment.

Habeas Corpus 106.212 Supremo Tribunal Federal (Supreme Federal Court of Brazil) (2011)

Domestic and intimate partner violence

This case refers to a writ filed by the accused in order to not apply to his case Article 41 of Law 11.340/ 2006 (Maria da Penha Act). Article 41 states that the domestic crimes committed against women cannot be tried by the procedural rite of 9.099/1995 (Small Courts Act), which regulates the trial of petty offenses. The accused argued that his conduct did not fit into Article 41, and that applying this article would be unconstitutional for giving special treatment to women. The Supreme Court of Brazil denied the order and declared Article 41 constitutional. They found that the Constitution gave the legislator freedom to define which crimes will be considered petty offenses. The Court decided that the domestic crimes against women imply greater complexity because they are crimes against the family institution, for which the Constitution has established special protection.

Habeas Corpus 143.641 São Paulo Supremo Tribunal Federal (Supreme Federal Court of Brazil)

Gender discrimination

In this case, Brazil’s Supreme Court issued a landmark ruling that pregnant women, mothers of children up to the age of 12, and mothers with disabled children accused of non-violent crimes should be permitted to await trial under house arrest rather than in detention. Minister Ricardo Lewandowski of the Federal Supreme Court granted in this judgment habeas corpus ex officio so that prisoners with children who have not yet been placed under house arrest are entitled to the benefit.