THE AMBIGUITY OF LAW 14.443/2022: NEW PERSPECTIVE AND UNCONSTITUTIONALITY – A LOOK AT MATERNITY

• Autor(a) principal: Covalchuk, Gabriela Cristina
• Data de Publicação: 2023
• Outros Autores: Pinto Vieira, Lara Bianca, Moritz Alfonzo, Natália
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito e Sexualidade
• Texto Completo: https://periodicos.ufba.br/index.php/revdirsex/article/view/52030
• topic: Inconstitucionalidade; Inovação; Planejamento familiar; Family planning. Freedom. Innovation. Unconstitutionality.

The present summary aims to analyze Law 9.263/1996, which deals with family planning, in particular, the alteration occurred by the enactment of Law 14.443/2022, with the revocation of §5° and modification of item I, of article 10, which previously determined that women needed to have the consent of their spouse, if they were married, a requirement that was no longer necessary after the new law came into force. In view of this, women have the possibility of undergoing the procedure even without their husband's consent, which represents a new and significant perspective for Brazilian law, in addition to the fact that the procedure can be performed from the age of 21 or two children. Despite the fact that innovation brings greater freedom to women to choose their lives, the main problem is found in item I, which still has unconstitutional characteristics, as it affronts the civil majority of eighteen years, as well as it does not justify the minimum number of children , considering an “ideal” family, combined with the idea of ​​controlling female bodies with the imposition of a supposed maternal instinct, which “should” be present in all women. The method used is based on the analysis of laws and constitutional norms of freedom and dignity of the human person, together with bibliographical research.