A (in) existência de autonomia da mulher em relação ao aborto: uma questão jurídica e de saúde pública

Abstract

This Course Conclusion Paper addresses the issue related to abortion, initially presenting a rescue of the brazilian laws that criminalized the practice, from the Imperial Criminal Code to the current codification, emphasizing how social and cultural issues interfered in the understanding of the legislator. Following, the doctrinal concepts and divisions established regarding each conduct are exposed. Subsequently, the research seeks to analyze the constitutional aspects of abortion, specifically with regard to the right to life and the principles of human dignity and proportionality.Still, it seeks to demonstrate how the free exercise, or not, of sexual and reproductive rights by women and social inequality influence the attention given to the theme of abortion.Finally, it observes the discrepancy between the treatment given to the cause by the judiciary and the legislature and suggests alternatives to adapt the existing legislation to the social reality of the country. To carry out the work, the descriptive analytical inductive research method was used, using the technique of documentary bibliographic research.