Os limites do aborto no ordenamento jurídico brasileiro

Abstract

The present monography that concludes the Bachelor's degree in law aims to give an overview on the matter of abortion in Brazil, it's modalities and evolution, offering some insight on its implications on the legal order. The goal is to demonstrate the necessary path towards the decriminalization of abortion as the only possible path possible, because it is necessary to the full realization of women's fundamental rights. In this sense, the discussion raised in this research is subsidized by a methodology of a basic nature, based on theoretical and bibliographic explorations that make possible the understanding of the theme and justify it's social, academic and professional relevance. The paper is structured in three chapter’s, in the first chapter we examine the main concepts of abortion and its legal treatment; in the second, We analyze the theses raised by Ronald Dworkin in his work the domain of life, as well as pass through liberal and conservative conceptions regarding the abortion theme; in the third chapter, an analysis is made of the jurisprudence of the country and of the Ação de Descumprimento Fundamental (ADPF) n° 442, which may culminate in the decriminalization of voluntary abortion until the 12th week, ending with a brief estimate of the judgment that has not yet occurred.