Direito (natural) à vida de quem?

• Autor(a) principal: Ribeiro, Fabiana Maranhão
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/140664
• topic: Aborto; Estado; Religião; Conservadorismo; Moral sexual; Direito; Abortion; State; Law; Religion; Conservatism; Sexual moralit; Direito

The advance in the recognition of sexual and reproductive rights has generated reactions from conservative segments of Brazilian society, especially conservative Catholics and Evangelicals and secular right-wing allies. Such movement has been noticed in Brazil, but also around the world, with similar characteristics, such as the alliances between these sectors in a common anti-gender agenda that, by opposing it, question basic democratic foundations, such as plurality and separation of powers. Such groups have also used the Law in the social diffusion of a unitary, heterosexual, matrimonial and reproductive moral position and adhered to neoliberal policies. In this context, the abortion agenda, a procedure that is still criminalized in Brazil, has been suffering more ostensible attempts at restriction by the presence of such neoconservatives in the State. Based on this perception, as well as that legal studies usually approach the criminalization of abortion only from a positive perspective on the relationship between Law, State and Religion, this paper intends to deepen the issue of abortion from a socio-political-legal perspective that envisions the Law as a tool used by neoconservatism in the legal restoration of moral principles considered threatened. In this sense, three perspectives are highlighted: the identification of neoconservative actors/groups and their performance in the arenas of the State, the symbolic aspect of the acts emanating from the powers in the sense of legitimizing certain practices and identities and the identification of unitary moral principles transmuted into legal arguments in relation to the agenda. Therefore, the research was divided into three methodological axes. The first, which consists of a review of the concept of neoconservatism contained in the work Gênero, Neoconservadorismo e Democracia: Disputas e Retrocessos na América Latina, by Flávia Biroli, Maria das Dores Campos Machado and Juan Marco Vaggione (2020). In the second chapter, I review the concept of reactive juridification of morality, exposed in chapter 1, entitled “A Restauração Legal: o Neoconservadorismo e o Direito na América Latina” (Biroli, Machado, & Vaggione, 2020), adapting it, however, in the Brazilian context, in relation to the abortion agenda. In the third axis, the methodology is composed of a survey carried out between 02/01/2003 and 08/08/2021 of the main typical acts emanating from the Executive (executive acts), Legislative (legislative proposals related to abortion) and Judiciary (actions of constitutional revision filed with the Brazilian Supreme Court on the subject), focusing on the arenas provided by such powers, actors and groups that make up neoconservative activism in the State and legal anti-abortion strategies in Brazil.