For a preliminary investigation of the facts with a gender perspective

Abstract

This article aims to focus the analysis of the role played by the gender perspective on the preliminary investigation of crimes committed against women. This is because, despite the progress made, notably with the publication of the Protocol for Judgments with a Gender Perspective in 2021, the result of a partnership between the National Council of Justice and the National School for the Training and Improvement of Magistrates, there is still little theorizing about the necessary extension of this conceptual tool to other stages of the procedural dynamic, in addition to the evaluation of evidence. Therefore, based on the support that epistemology gives to the investigative phase, the intention is to demonstrate that failure to take a gender perspective into account when investigating the facts also compromises access to justice, in its preprocedural dimension, contributing to the maintenance of stereotypes that make civilizing commitments to prevent, punish, or eradicate violence against women unfeasible.