Doutrina e Prática do Aborto: 1830,1890 e 1940

• Autor(a) principal: Guedes, Bianca Jandussi Walther de Almeida Costa
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/9433
• topic: Abortion crime; Criminal Doctrine; Criminal Code of 1830; Criminal Code of 1890; Penal Code of 1940; History of Law; Crime de aborto; Doutrina Penal; Código Criminal de 1830; Código Penal de 1890; Código Penal de 1940; História do Direito; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The purpose of this study is to analyze the crime of abortion from the point of view of the legislation, doctrine and partial practice, comparing, when possible, the different discourses produced to try to answer to what extent the criminalization of abortion is intended to protect the life of the abortion who has not yet been born, or whether it is a question of criminalizing deviant behavior from established moral standards for women. The answer to this question may explain the recrudescence in the penalization of abortion from 1830 to 1890 (from 1890 to 1940 this is not so obvious) and the bio-political dimension of this criminalization. Therefore, it was studied some of the most relevant commentators of the Codes of 1830, 1890 and 1940 and their positions on the crime of abortion. In addition, it was carried out a research on surveys and processes in the National Archives to compare the more technical-legal vision produced by the doctrine with the more practical one, produced in contact with the illnesses of society. It is perceived that the treatment of the subject in the inquiries and processes distances itself from that more technical of the commentators of the Codes. In these, there is a concern to analyze crime in detail, on issues that hardly appear in an investigation or process. In practice, what is seen is an enormous difficulty to prove the crime, to start even a process, making an already tragic fact, even more painful and shameful for those involved, since everything is unveiled before society without any outcome, leaving only the stain on the reputation of these women, if not death. For them, nothing else remains, not even death matters. The law cannot have much application, being only a vehicle to expose the tragic life of many women who are already outside the moral and social standards imposed.