Precisamos falar sobre o aborto: uma análise da interrupção voluntária da gravidez à luz dos princípios e direitos fundamentais

Abstract

Abortion is prohibited in Brazil, except in exceptional situations. However, this does not prevent it, as abortion is still a common practice among women. In turn, the situation of clandestinity in with these abortions are performed, implies a large increase in risk of this procedure. Despite the complexity of the issue, as a tool of guarantee of fundamental rights, the law cannot avoid giving her an answer. In this context, there is an urgent need of (re)avaliation of abortion within the law, both in relation to how it is seen, as the way it should be treated. This is what I have tried to do in this work, albeit modestly, in analyzing abortion under different aspects, in the light of fundamental rights and principles enshrined in the Constitution of 1988. First, I focused on the question of how abortion was and is seen in relation to the right to life, through historical and constitutional analysis. In the second part, the object of study was the situation of abortion as a crime, specifically. Accordingly, it was sought to identify and outline some basic characteristics of the crime of abortion and some considerations on practical aspects of criminalization were made. After that, an analysis of the crime of abortion in the light of the theory of criminal justice was taken.