THE LEGACY OF GINSBURG DIVERGENCE IN THE INSTITUTION OF RECOGNITION BY GENDER EQUITY FROM THE REVERSE

• DOI: 10.22533/at.ed.2162192226099

• Palavras-chave: Gender equity; Ginsburg; maternity leave; struggle for recognition; reverse protection.

• Keywords: Gender equity; Ginsburg; maternity leave; struggle for recognition; reverse protection.

• Abstract:

  This article stems from academic research that aimed to analyze the possible extension to a diverse genre of social rights that, according to the thesis, represent protection and guarantee of the female gender, as a mechanism for achieving equity. To do so, it applied as a research methodology the case study, based on the analysis of the judgment before the 1st Court of the Public Treasury of Paranavaí-PR - Brazil, in addition to the cinematographic works "Suprema" and RBG (A Judge) that portrays part of the life of United States Supreme Court Judge Ruth Bader Ginsburg, in comparison with the Theory of Recognition, in the form proposed by sociologist Axel Honneth, especially when considering the presence of a merely ideological recognition. In the end, it sheds light on the importance of the normative review of guarantees that take as a starting point exclusively the criterion of gender, placed or constructed, under penalty of producing a reverse offense to the law.