Direito à igualdade da mulher nas constituições de Brasil e Moçambique: Uma análise comparada a partir do constitucionalismo feminista

Abstract

This article aims to make a comparative analysis, based on feminist constitutionalism, of how the constitutions of Brazil and Mozambique promote the material equality of women, and whether the formal inequalities presented in the respective texts are legitimate differentiations. Although more than two centuries separate the two countries' proclamation of independence from Portugal, historical remnants of the colonial period persist in these societies to this day, especially with regard to the subordination imposed on women. This is reflected in the effectiveness of the constitutional text of these countries, since, despite the fact that these constitutions contain various provisions on gender equality and specific rights for women, they become ineffective if society and the state are not concerned with putting into practice what is stated. With this in mind, the constitutional provisions relating to Brazilian and Mozambican women should be analyzed, based on the assumption that the law is exclusionary, since it is made by men and for men. To this end, the theoretical framework adopted is the doctrine of feminist constitutionalism, analyzed through the comparative constitutional method. The qualitative bibliographical research, with a critical-reflexive bias, uses doctrinal sources and normative texts in order to identify the extent to which constitutional discipline promotes equality or material inequality in the Brazilian and Mozambican constitutional orders. The conclusion is that the formal inequalities aimed at women in the Brazilian and Mozambican constitutional texts have not, at least until today, had the power to confer effective material equality to Brazilian and Mozambican women, thus perpetuating women's material inequality.