Aborto: uma questão de (in)disponibilidade da vida no ordenamento jurídico brasileiro

Abstract

The present work analyzes what the Brazilian State seeks with the prohibition of abortion in some cases and what is the legal basis for the criminalization of this practice in the country. The main objective is to discuss how the Brazilian State justifies and legitimizes the criminalization of abortion in some cases, while making it possible to interrupt pregnancy in others. The specific objectives are to identify in the Brazilian doctrine and legislation the state basis for the criminalization of the practice of abortion in only a few cases, as well as to reflect on the (in) availability of life and the autonomy of the female body in the light of Action for Breach of Fundamental Precept (ADPF) 442. For this was carried out a study of the type of literature review and analysis of documents. It concluded that abortion should not be considered a criminal practice, but should be inserted in the field of sexual health and public policies and, above all, in the field of reproductive rights and sexual rights. The path to this understanding includes understanding that the penal code does not accompany the current Brazilian contingency and therefore disregards the precepts of fundamental rights and guarantees.