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From Legal Mandate to Verifiable Implementation: An Empirical Legal Study of Gender-Responsive Public Procurement in Brazil

Submitted:

27 July 2026

Posted:

28 July 2026

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Abstract
This article examines when a gender-responsive public procurement obligation becomes institutionally verifiable. It analyzes Brazil’s federal policy reserving jobs for women experiencing domestic and family violence, established by Law No. 14,133/2021 and regulated by Decrees No. 11,430/2023 and No. 12,516/2025. The study uses the empirical legal design documented in the underlying doctoral thesis and preserves four non-interchangeable evidentiary layers: an audit of 163 records; a retained corpus of 74 documentary units; a comparative matrix of 67 cases and 335 evidence records; and aggregate official and administrative information. The expanded matrix identified 16 cases with high density across all four dimensions, five with partial intersectoral integration, and 51 that were not verifiable through the documentary proxy. These figures describe the expanded corpus and are not used as a federal compliance denominator. Official aggregate data documented localized implementation involving 20 women; a later administrative update reported 143 women hired across five federative units, without contract-level granularity. The findings indicate that contractual enforceability, intersectoral connectivity, and protected verifiability are necessary institutional conditions—although not sufficient evidence of social impact—for converting the mandate into a monitorable practice. The article distinguishes direct federal evidence, normative diffusion, documentary absence, and non-verifiability without inferring a national effectiveness rate.
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Subject: 
Social Sciences  -   Law
Copyright: This open access article is published under a Creative Commons CC BY 4.0 license, which permit the free download, distribution, and reuse, provided that the author and preprint are cited in any reuse.
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