Análise jurídica acerca da viabilidade de ampliação do sistema de aborto legal no Brasil

Abstract

This research is focus at analyzing the constitutional guarantee of abortion, in order to reveal the damage caused by the criminalization of the practice within Brazilian territory. Based on legal studies and data collected by research and statistical agencies in partnership with the Ministry of Health, the ineffectiveness of the prohibition of abortions outside the exclusions of illegality was proven, something that encourages the practice of clandestine abortions and influences the number of maternal deaths annually. Therefore, the research sought to define an overview of the origin of the prohibition of this practice and how the patriarchal mentality of control over female bodies remains expressed in the Brazilian legal scope. Fundamental rights continue to be violated for countless people who want to terminate their pregnancies. In this scenario, measures were taken to try to change this situation, such as the presentation of ADPF 442, however, the penal text still governs the Brazilian legal system, preventing significant changes. This means that change needs to come from the legislature, as happened in neighboring countries Uruguay and Argentina, through pressure and social militancy for rights. Both neighboring nations demonstrated that a legal abortion system is able to function within a Latin American sociocultural reality, being examples to be followed. When the system finally changes, the Democratic State of Law will be protected in Brazil for thousands of people.