Nowadays, although the several achievements in the protection of women’s rights in Brazil, the reality is still worrisome. There are recurrent violations of rights, the absence of public policies to promote them and the growing conservatism of the public authorities. It’s also important to consider that the Judiciary has not fulfilled its role for the realization of women’s rights, and Law, in a broader sense, has failed to ensure them protection. The fundamental rights are not being assured, what represents actual damages to Brazilian Democracy. The crisis of women’s rights is a crisis of the democracy itself. For this reason, this paper follows the hypothesis that, because law was created and structured from an androcentric perspective, the adoption of a gender perspective appears as a possible path to be taken towards the realization of women’s rights, which are crucial to guarantee women’s democratic participation.