Right to life: relativizing abortion crime and Ronald Dworkin's constitutional focus

• Autor(a) principal: Andrade, Ingrid de Sousa
• Data de Publicação: 2020
• Outros Autores: Gonçalves, Jonas Rodrigo, Gurgel, Caroline Pereira
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Processus de Estudos de Gestão, Jurídicos e Financeiros (Online)
• Texto Completo: https://periodicos.processus.com.br/index.php/egjf/article/view/200
• topic: : 1. Aborto 2. Pensamento independente 3. Pensamento derivativo 4. Direitos sexuais e reprodutivos 5. Liberdade.

This article discusses the discussion on the right to life: the relativization of abortion crime and the constitutional approach of Ronald Dworkin. Considering the social beliefs, as well as the morally attributed values "‹"‹on the subject, the following question was raised: How can Dworkin's constitutional approach justify the relativization of abortion crime? From this perspective, the following hypotheses were considered: "derivative and independent thinking" and "the constitutional interpretation and dimensions of adequacy and justice based on Dworkin". Based on these questions, this paper aimed to analyze the relativization of abortion crime and, as specific objectives, to legally understand the concept of the fundamental right to life, to identify, through Brazilian jurisprudence and legal order, the circumstances that allow the practice of abortion. abortion and discuss the value changes in society that determine the legislative and jurisprudential changes on the subject. It can be said that abortion has been recognized as a public health problem and is part of a social reality, since thousands of women at risk, exposed to the most variable physical and psychological consequences, abort in Brazil. This work is extremely important due to an individual and collective perspective, as it addresses the main discussion of the practice of abortion against the study of the laws, dogmas, controversies of our society, the fundamental right to life and the consequences of this. Conduct to the law and the present day. The research is characterized as theoretical qualitative developed through bibliographic research.