Gender stereotypes that permeate social life are often difficult to detect, because of the process of naturalization that they can achieve. This naturalization process occurs through the understanding of speech acts that are merely descriptive, when, in fact, they are the means by which language constitutes reality, what is called a performative. Thus, it becomes essential to use Austin s theory, through this, one can understand the scope of these speech acts. These performative acts were merged by feminist theory to demystify gender identities often asserted or based on a supposed essence, male or female, or through a biologization of these notions. This allows us to understand how language is constitutive of bodies, and also the gender, essential to analyse the process of construction of the notion of women and the feminist movement in Brazil over the past two centuries. Starting from the Federal Constitution, bigger pillar in the process of conquering rights in recent history of the country, discussions during the National Constituent Assembly of 1987-1988 are taken for, resorting to the theoretical arsenal herein, emphasize the ideas around the notions of gender that were present at the debate and the consequences they had on the struggle and establishment of women s rights.