Uncovering judges’ gender effects in Brazilian sentencing: A counter-hegemonic role of women in the criminal justice system?

Abstract

This article examines whether judge and defendant gender influence custodial sentencing in Brazil, drawing on a dataset of 1261 convictions issued by the São Paulo State Court of Justice in 2022. Focusing on four high-incidence offenses—simple theft, aggravated theft, robbery, and drug trafficking—the study employs nonparametric statistical tests and multiple linear regression modeling to assess the impact of extralegal factors on sentencing outcomes. Findings reveal that male judges impose significantly longer sentences than female judges in drug trafficking cases, with an average difference of 133 days, even after controlling for legally relevant variables. No systematic effects were observed regarding defendant gender or judge-defendant gender interactions. We interpret these results through a feminist criminological lens, proposing that female judges may perform a counter-hegemonic role in discretionary sentencing practices characterized by punitiveness and inequality. By situating its findings within feminist legal theory and Global South criminologies, the study contributes to critical debates on gender, punishment, and the political dimensions of judicial discretion.