Género y justicia: algunas reflexiones sobre patriarcado e impunidad en Uruguay

Abstract

The article reflects on how, in Uruguay, the Expiry Law (Ley de Caducidad) and the political agreements of the “transition” restricted the actual independence of the branches of government, perpetuating impunity. In this context, it examines the fundamental role played by three female attorneys—Jacinta Balbela, Mirtha Guianze, and Mariana Mota—who joined the justice system with notable careers that shook the inertia of impunity. Balbela was a pioneer as the first woman to serve on the Supreme Court of Justice during democracy, highlighting the unconstitutionality of the Expiry Law in a dissenting opinion. Guianze led criminal investigations against perpetrators of repression and secured the first judicial prosecution of a civilian for crimes committed under the dictatorship. Mota, for her part, oversaw the historic conviction of the dictator Juan María Bordaberry for undermining the Constitution and promoted processes to ensure victims’ access to justice. These three women faced personal attacks, disparagement, and pressure due to their work in cases involving serious human rights violations. Female judges and prosecutors investigating crimes against humanity in Latin America confront a double adversity. On the one hand, they must advance complex cases in contexts of impunity inherited from dictatorships and shaped by the conditions imposed by various transition processes. On the other hand, they encounter additional obstacles because of their gender in patriarchal institutional structures, which include personal attacks. Our working hypothesis posits that being women in the traditionally male judicial arena intensifies the challenges of confronting impunity, while also enriching a perspective committed to challenging authoritarianism. Consequently, a central focus of our approach is to make visible the specific obstacles that demonstrate how gender biases are deployed to discredit and question those who investigate crimes against humanity. In this sense, being a woman adds a factor of scrutiny, especially for those who dare to confront hierarchies and de facto powers within contexts of impunity. The growing number of women in the justice system underscores the importance of highlighting how sexist stereotypes and rhetoric become more pronounced when they assume positions of authority, reinforcing the need for a plural and genuinely independent judiciary. The careers of Balbela, Guianze, and Mota are analyzed from a perspective that emphasizes how their actions contributed to criminal prosecutions in landmark cases and the adoption of international human rights standards. Their trajectories left a legacy that continues to challenge historical narratives of impunity.