INTERSECTIONALITY IN THE CASE BARBOSA DE SOUZA ET AL. V. BRAZIL

THE NEED FOR A LOOK BEYOND THE GENDER PERSPECTIVE

Abstract

This paper aims to identify possible contributions of Case Barbosa de Souza v. Brazil for the protection of black women in cases of gender-based violence in Brazil. It seeks to analyze whether (and how) the Inter-American Court of Human Rights (IACHR) used intersectionality in the aforementioned case. The article is developed from the context of the emergence of intersectionality and the use of this tool in the interpretation and application of the Law, especially in the protection of vulnerable women, by making it possible to uncover other dimensions of subordination obscured by the gender perspective. Then, it focuses on the development of the gender perspective in the jurisprudence of the IACHR, which has established parameters for combating this type of violence, understanding the role of state institutions in reproducing stereotypes that hinder - or even prevent - the protection of Latin American women. Finally, it investigates whether, in the Barbosa de Souza case, there was an intersectional analysis to expand the protection of black women, especially because Márcia, a young black woman from a low social class, represents this group of women with the highest rate of victimization by feminicides in Brazil. The research adopts the deductive method and is developed in a descriptive and exploratory way, through bibliographic and jurisprudential review. It concludes that, although it does not deepen the analysis of the intersectionality between racism and sexism in the specific case, the IACHR considered these aspects in the establishment of reparations, which can impact on greater protection of black women in cases of gender-based violence.