FUNDAMENTAL RIGHTS AND DEMOCRACY: AN ANALYSIS OF WOMEN'S RIGHTS AS A SUBJECT OF RIGHTS FROM THE GENERAL THEORY OF FUNDAMENTAL RIGHTS TO THEIR EFFECTIVE APPLICATION

Abstract

Gender violence, especially violence against women, was ignored for many years by society and the State, mainly because the idea that what happened in the private, family sphere was not the responsibility of the State. This fact, added to the submission of women to the male figure, resulting from the patriarchal family model, contributes to a scenario of mitigation of the impacts of violence against women. Only in 2006 did Brazil issue a specific legal diploma to protect women victims of domestic and family violence; and, in 2015, it amended the Penal Code to classify as qualified homicide committed against women for reasons of gender. This article seeks to understand what are the main obstacles to the realization of the guarantee of women's fundamental rights. The research is developed from the concept of women's fundamental rights and from the observation of some of the main referring legislation, as well as its constitutional protection. Therefore, to investigate the factors so that the most appropriate way can achieve equal rights between men and women. The fundamental point of this study is the interest in understanding what are the main obstacles to the realization of the guarantee of women's fundamental rights and, in this sense, the realization of their citizenship. As a methodology, it was used a deductive research procedure using the law, doctrine, jurisprudence and bibliographies. to investigate the factors so that the most appropriate path can achieve equal rights between men and women. The fundamental point of this study is the interest in understanding what are the main obstacles to the realization of the guarantee of women's fundamental rights and, in this sense, the realization of their citizenship. As a methodology, it was used a deductive research procedure using the law, doctrine, jurisprudence and bibliographies. to investigate the factors so that the most appropriate path can achieve equal rights between men and women. The fundamental point of this study is the interest in understanding what are the main obstacles to the realization of the guarantee of women's fundamental rights and, in this sense, the realization of their citizenship. As a methodology, it was used a deductive research procedure using the law, doctrine, jurisprudence and bibliographies.

Keywords: Women's rights; General theory of fundamental rights; fundamental women's rights; democracy.