A mulher como sujeito de direito: considerações através da genealogia crítica feminista

Abstract

This study proposes a genealogical critique of the legal subject from a feminist perspective, challenging the notion of legal discourse as impartial and universal. It argues that, since its consolidation in the liberalism of the 17th and 18th centuries, the law has reflected an androcentric bias, historically privileging men while excluding women. The research examines the evolution of the legal subject and related concepts, such as personhood and citizenship, through the works of John Locke, Jean-Jacques Rousseau, and Immanuel Kant, exposing the naturalized power relations embedded in these discourses. Contemporary examples, such as reproductive rights and political participation, reveal how the law continues to operate from male-centered perspectives. Through a feminist critique, this work destabilizes patriarchal legal practices and discourses, expanding the horizons for gender equity. By incorporating the historically silenced voices of women, it contributes to building a more inclusive and just legal system.