SOME ARE MORE EQUAL THAN OTHERS: IN SEARCH FOR EQUALITY BETWEEN WOMEN AND MEN IN BRAZILIAN CIVIL PROCEDURE

Abstract

The present study aims to critically analyze the disparity factors that prevent women to fully exercise their prerogatives in civil procedure, with dramatic consequences to the principle of equality between women and men. The article will examine the international treaties concerning the subject, as well as the European Union and the Spanish experiences. It will be studied some concrete hypothesis of disparities between women and men in judicial process, divided in four categories, as follows: (i) Mediation and conciliation; (ii) Proofs; (iii) Astreintes; (iv) Procedural terms and acts. In each category, will be offered solutions in order to surpass the difficulties found by women, as a way to finally reach gender equality in Brazilian Civil Procedure.

Keywords

• equality
• gender equality
• women rights
• human rights
• civil procedure