Taking the Law into their Own Hands: Women, Legal Reform and Legal Literacy in Brazil

Abstract

This chapter examines the way in which women in Latin America have taken an increasingly proactive and transformative approach to the legal apparatus of their respective countries over the last two decades. This development reflects growing international attention to legislation and access to the justice system as tools for improving women’s full enjoyment of citizenship. The chapter begins by surveying how women have historically been marginalised from the justice system and denied adequate protection of their rights. The way in which women across the region have begun to challenge and overturn antiquated and discriminatory laws and practices is then analysed in the context of global trends. Finally, the chapter looks at women’s legal aid and legal literacy projects in Latin America, in particular one run by Themis, a Brazilian NGO that trains grassroots outreach workers who in turn assist working-class women in accessing the justice system. It is a project which seeks to extend citizenship beyond the letter of the law and secures for women positive rights as well as redress when their rights are violated. It has also led to reconsideration of certain discriminatory aspects of the local criminal justice system, and to reforms of such practices.