The judgment of rural women’s retirement claims from a gender perspective: the effectiveness of the fundamental right in light of CNJ Protocol no. 492/2023

Abstract

This research analyzes the applicability of the Protocol for Judging with a Gender Perspective, issued by the National Council of Justice (CNJ), in the recognition and granting of rural retirement for women in Brazil. Historically, rural female workers have faced institutional and legal barriers, often being excluded from the category of special insured persons. The hypothesis is that the absence of a gender-sensitive approach in the interpretation of social security norms perpetuates institutional violence, reflecting the male predominance in the Judiciary, where only 31.2% of federal judges are women, most serving as substitutes. This sustains an androcentric bias in decisions. Based on bibliographic review, documentary analysis, and case studies, the research shows that applying the Protocol can change outcomes, promote substantive equality, and revise criteria for proving women’s rural activity. It concludes that effective implementation breaks stereotypes and expands social protection, ensuring dignity, economic security, and equitable access to retirement for rural women.