O aborto no Brasil: direito à liberdade reprodutiva versus direito à vida?

• Autor(a) principal: Taumaturgo, Maria Teresa Barros
• Data de Publicação: 2021
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/63205
• topic: Aborto; Direitos reprodutivos; Direito à vida

This monographic paper deals with the criminalization of abortion in Brazil, analyzing how the problem presents itself in the country and its relevance in the Brazilian scenario. The study was developed through bibliographical research, including, in the support material, books, dissertations, monographs, magazines, scientific articles, news, legislation, court decisions and government websites, in addition to the analysis of statistical data. Initially, we analyze the foundations of the arguments used by those who are against and those who are in favor of the criminalization of abortion, these being the right of the woman to reproductive freedom and the right to life of the developing embryo. Then, there is the exposition of the Brazilian legislation regarding abortion, verifying its historical evolution, in addition to the typified abortion hypotheses and those legalized by the 1940 Penal Code. It also presents important jurisprudence to the debate on the legalization of abortion. Afterwards, a critical interpretation is carried out on the criminalization of abortion in force in Brazil, in its dimensions on public health and secularism, and, finally, it is concluded that, in fact, there is no conflict between reproductive rights and the right to life, and rather, it is a collision between the right to life of the pregnant woman and the fetus, which makes up for the need to reform the current legislation. Keywords: Abortion. Reproductive rights. Right to life.