GENDER PARITY AS A CONSTITUTIONAL RIGHT AND ITS IMPLEMENTATION IN THE OAB SYSTEM

Abstract

Objective: This article aims to highlight the historical trajectory of women in the legal profession in Brazil and Santa Catarina, demonstrating gender parity as a constitutional right essential to the consolidation of the Democratic Rule of Law, and emphasizing recent achievements of women in the legal field, particularly regarding equal participation and representation in legal institutions.

Methodology: The research employs a qualitative approach, using descriptive and analytical methods, supported by bibliographic and documentary review. It draws on doctrinal, historical, and institutional sources from the Brazilian Bar Association (OAB), as well as national and international legislation and reports on gender equality.

Results: The study reveals that formal equality, as established by the 1988 Federal Constitution, is insufficient to overcome structural gender inequalities, requiring the implementation of affirmative and institutional parity policies. The adoption of the 50% gender quota for electoral slates in the OAB marked a historic democratic milestone, enhancing representation and strengthening advocacy as a space for diversity and inclusion.

Conclusions: Gender parity is concluded to be an ethical, democratic, and institutional imperative, essential for the effective realization of the principle of equality and for the legitimacy of legal institutions. Its consolidation within the OAB system demonstrates the commitment of the Brazilian legal community to equality, representativeness, and the advancement of the Democratic Rule of Law.