A relevância da integração regional para a proteção das mulheres em situação de violência de gênero no Mercosul

Abstract

The move towards the gradual centralization of the social dimension of MERCOSUR's regional integration process changed the development of its public policies on human rights, including those to combat gender-based violence. It appears that the growing systemic integration of the regional Mercosur community has led to the deterritorialization of legal issues, opening up new possibilities for the protection of the human rights of victims of gender-based violence in the region. The intensification of women's spatial mobility in MERCOSUR States has become a reality of the integrative process that must be considered when evaluating the difficulties faced by victims of gender-based violence, whether migrants (regardless of their migratory status), tourists and/or inhabitants of border areas. In this context, it appears that the construction of regional integration mechanisms that enable the adoption of multilateral legal solutions to address the issue of gender-based violence in MERCOSUR is relevant and necessary, given that this phenomenon develops in spatial areas broader than the territorial borders of States. The object of this work is to analyze the relevance of regional integration between Mercosur States for the creation of a regional legal regulation structure that enables the protection of women in situations of gender-based violence in the region. It is concluded that only the transnational approach, which takes into account regional integration to address issues related to gender (in)equality, enables the continuous legal protection of women who move spatially between MERCOSUR countries, with different internal legal systems. Regional integration makes it possible to harmonize the various internal laws with international standards, so that the prevention and punishment of violence against women occurs more quickly and effectively, including through the mutual recognition of legislation from different States in the region, going beyond the limits imposed by their sovereignties (and jurisdictions), with the aim of protecting the human rights of Mercosur women.