Encadeamento institucional entre direito internacional dos direitos humanos e políticas públicas locais: limites e possibilidades da implementação de direitos reprodutivos femininos no Brasil

Abstract

This study aims, through literature review and documentary analysis, to identify how the international law on female reproductive rights is institutionally linked in Brazil and how this chain affects the promotion and protection of these rights. Thus, understanding the centrality of reproductive rights to women's human rights and the capacity and necessity of international law to effectively implement, through public policies, these human rights, we sought to analyze the relationships between these three elements (international law, public policies and implementation). The verified hypothesis was that, despite the ability of international law to strengthen domestic institutions, reinforce national governance and compel domestic action, the impact of international law on the implementation of female reproductive rights in Brazil is limited by the country's social and cultural structure. Regarding the relationship between international law and local public policies on reproductive rights, the work argues that it occurs through the influence of international law on the creation of laws, which, in turn, enable and require the creation of public policies so that they are implemented and enforced. This relationship, however, is not the only one that exists between these two components. There is also a direct relationship with the influence of the “international” on public policies, even in cases where the laws that govern the formulation of local public policies do not have direct mention of the international, since they are the ones that have the ultimate function of enforcing human rights. Regarding the relationship between international law and the implementation of public policies, the work argues that, although the action of international law in domestic institutions is verified in order to strengthen domestic institutions, subsidize domestic political groups and compel the action of institutions, this action does not is sufficient to guarantee the domestic effectiveness of public policies. This happens because, despite there being a strong international influence, Brazil's conservative structure is rooted in society, meaning that political will prevails in discourses that control women's choices and are contrary to the expansion and implementation of reproductive rights provided for in international mechanisms.