O aborto e a autonomia da vontade da gestante e o direito à vida do nascituro e do embrião

Abstract

The voluntary termination of pregnancy is typified as a crime in Brazil, except in exceptional situations brought by the legislature. Therefore, the criminalization of practice abortive does not prevent the procedure from being repeatedly performed among women, performed clandestinely, resulting in increased health risks, often irreversible side effects and even death. Notwithstanding the controversy and complexity that permeates the issue, involving religious aspects, personal values and a patriarchal history of society, law as an instrument for guaranteeing fundamental rights cannot escape the debate and the finding of answers. In this context, it is necessary to review the voluntary termination of pregnancy, considering the dynamics of society, the cultural advance, the importance of discussing an egalitarian society between men and women already assured by the legislator in the Constitutional text, the female achievements already celebrated. and the autonomy of the woman's will over her own body. In addition to the need to comply with the constitutional text that establishes the reproductive rights of women who should be of her free choice. In this sense, was addressed the concept of the right to life in confronted with the dignity of women and the product of conception, the legal and current aspects of abortion crime in Brazilian Law were defined and finally the autonomy of the will was discussed of the woman’s choice about the termination of pregnancy.