Brazilian judges in-between professionalism, gender and difference

• Published in: International journal of the legal profession 2015-05, Vol.22 (2), p.134-150
• Main Author: Bonelli, Maria da Gloria
• Format: Article
• Language: English
• Subjects: Civil law; Criminal justice, Administration of; Federal government; Judicial power
• ISSN: 0969-5958; 1469-9257
• DOI: 10.1080/09695958.2015.1029488

This paper analyzes how Brazilian judges experience difference, focusing on how professionalism, gender, generation and diversity intersect in identity formation among women and men who are judges in the state of São Paulo, Brazil. In attempting to avoid attaching one fixed meaning to the concept of difference, we work with Avtar Brah's typology; this in turn enables us to capture how difference is perceived and experienced by our interviewees. Our results provide a look at how the specificities of the professionalization process influence the composition of the two courts we have studied (one at state and another at federal level), and how they increase or reduce the gender stratification within these careers. Being a judge is experienced through difference, in particular as the 'Other' to those outside the career, and wherein identification is intersected by questions of gender, sexuality and generation. Although professionalism establishes boundaries between 'us' and 'them', it is also diluted through the ways in which the above-mentioned social markers and attributes permeate the self and professional groups. We interviewed 18 judges (women and men) from the São Paulo State Courts (Tribunal de Justiça de São Paulo) and 10 judges from the Regional Federal Courts (Tribunal Regional Federal) from the São Paulo circuit.