CRIMINAL LAW AND THE RE-ARTICULATION OF THE MYTH OF LEGAL NEUTRALITY

REVISTA GENERAL DE DERECHO PUBLICO COMPARADO(2022)

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摘要
The myth of neutrality in Criminal Law was dismantled in the last century. However, it is still a pending challenge to incorporate the necessary strategies for the justice systems to understand, respond to, and do not reproduce the subordination of women. This article discusses the rearticulation of the myth of legal neutrality nowadays based on three arguments: the evolution of women in the Judicial Career, the persistent challenges for a definitive change of beliefs and values in jurisdictional action, and the limitations of criminal law to confront gender violence. It is time for changing a supposedly neutral and discriminatory Criminal Law, to give way to a Criminal Law with a gender perspective.
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关键词
neutral criminal Law, gender perspective, judicial career, judicial decision, gender violence
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