Does Resolution 525/23 of the National Council of Justice hold transformative potential?

Abstract

This paper analyzes Resolution 525/2023 of the National Council of Justice (CNJ), which addresses gender-based affirmative action for female judges' access to second-instance courts. In this regard, the article discusses the topic of identity-based agendas and transformative policies, from the perspective of the measure's impact on the path toward gender equality in Brazil. To do so, data on the composition of the Brazilian judiciary is provided. Based on theoretical and bibliographic research, as well as an analysis of other administrative acts from different bodies within the justice system, the paper seeks to determine whether the potential of Resolution 525 is merely affirmative or if it is possible to speak of effective transformation. Specifically, it presents three potential changes resulting from Resolution 525/2023: (1) the reduction of women's underrepresentation in the courts; (2)a change in the perspective of judgments rendered at the second instance, whether original or appellate; (3).the granting of the possibility for women to choose the courts' leadership. Furthermore, the work points out existing flaws in the analyzed act, especially concerning the lack of effective intersectionality between race and gender in the policy, which diminishes the scope of Resolution 525/2023. In conclusion, this paper considers the resolution a relevant step toward changing the profile of Brazilian courts.