Gender-responsive public procurement in Brazil: history, critical analysis and normative possibilities after article 25, §9 of Law 14.133/21

Abstract

This article examines the historical trajectory and normative framework of gender-responsive public procurement in Brazil, from decentralized quota experiments in public works to federal consolidation through Article 25, §9 of Law 14,133/2021 and Decree 11,430/2023. Employing an analytical matrix that crosses Martha Fineman’s vulnerability assets (physical, human, and social) with Nancy Fraser’s dimensions of justice (redistribution, recognition, and representation), this study diagnoses the strengths and pathologies of the Brazilian model, which centers on formal employment generation for women victims of domestic violence. The article concludes that requiring institutional recognition as a victim produces pathogenic vulnerability, proposing the substitution of the access criterion with socioeconomic vulnerability assessed through the Cadastro Único, alongside normative prescriptions for professional training, sectoral diversification, and beneficiary participation.