The progress of women's human rights and gender discussions is fundamental for the strengthening of the Democratic Law State. However, as a result of misogyny and the unequal bases of racism, capitalism and patriarchy that constitute Brazilian society, the emancipation of Law and legal guarantees of women prove it to be fragile. In this research we analyze, from the patriarchal domination in Latin America, concepts of Victimology and the study of the foundations of the verdict handed down by the Inter-American Court of Human Rights, what is the influence of the femicide of Márcia Barbosa, a young woman from Paraíba, which occurred in 1998, to the creation of the Trial Protocol with a Gender Perspective by the National Council of Justice (CNJ in portuguese). This is a research carried out based on a historical and monographic method, with a hypothetical-deductive approach, which, through the techniques of bibliographic and documentary research, made it clear that the gender perspective is a legitimate and essential theoretical-methodological instrument for judging processes, dealing with the violation of women's rights. It is concluded that the Protocol prepared by the CNJ is an important milestone for Brazilian justice, bringing the gender perspective as a method of interpreting judicial processes, allowing a critical and effective performance of legal professionals in order to guarantee full access to justice and rights, both essential for women in violence contexts
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