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Feminist Methodology and the Collective Moral Damage in the Public Civil Action of Pinheirinho

Abstract

This is a revision of the sentence that extinguished, without merit resolution, the public civil action proposed by the Public Defender's Office for collective moral damage for the violent action perpetrated in the eviction of the community called “Pinheirinho”. The authors concentrated their efforts on the analysis of the collective moral damage to apply a feminist methodology to a case in which the right holders are not only women. Gender studies as a category of analysis of social processes help to understand the most submerged plots of the relations that structure law, power and the State. For this reason, even in a case in which the gender issue does not appear on the surface of the legal phenomenon, the analytical use of this category reveals serious consequences that reflect on institutional strategies to protect rights against discrimination and inequality.

Keywords:
Social reproduction; Right to housing; Collective rights

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