Autonomia reprodutiva e aborto sobre a perspectiva da lei brasileira

Abstract

In the line of research focused on Social Relations and Dimensions of Power, the aim was to analyze the real effectiveness of the current Brazilian Penal Code with regard to the practice of abortion, addressing the history of the practice and its scientific analysis, as well as the social consequences that it entails. Furthermore, the strong connection between fundamental rights and the practice of abortion was exposed, seeking to answer whether there is in fact any benefit that this legislation brings to the population. To this end, the norm was investigated together with possible changes that may be brought about by Bills and Claims of Non-Compliance with a Fundamental Precept. Bibliographic research was used for this study, with the deductive method being used as the logical operational basis in the investigation phase, from which it is possible to reach conclusions due to its logic. In the data processing phase, the historical, comparative and statistical methods were used. In this way, the existence of legal gaps was demonstrated that cause physical and psychological harm to women who find themselves with an unwanted pregnancy, since it does not prevent abortion from taking place, but prevents it from happening safely, and requires concrete action by the current powers of the State so that the regulations adapt to the new reality.