O princípio da dignidade da pessoa humana em disputa ao direito à vida em relação à legalização do aborto no Brasil

Abstract

The overweight of the State's responsibility in welcoming women who do not wish to complete the reproduction process is totally misaligned and thrown into a criminal classification, reducing this act to a text of the Penal Code that incriminates the actions of women and third parties in the abortion procedure. Through the judgment of HC No. 124,306 in Rio de Janeiro, the STF Minister, Luís Roberto Barroso, opined that every individual has ensured a legitimate space of privacy in which interests, values and desires are encompassed, and it is not for the State to interfere, that is , it should not be different in relation to the choice of women in the sense of interrupting pregnancy until the third month, since the autonomy of the choice should be exclusively its own. The relentless search by support groups for the recognition of female autonomy over their own bodies goes through an exhaustive process of confronting social machismo and religious opinion that defends the Right to Life, removing the power of choice in the gestational process. In this sense, this research intends, among consultations to the principles of the Federal Constitution, to the national jurisprudence, statistical data and manifestos of the social movements, to instigate with regard to the need of the State to receive both women who wish to have an abortion until the third month of pregnancy as for women who wish to have a child, however, they are in adverse situations to support the infant, thus avoiding several attempts at mutilation, serious injuries and even deaths that are the result of most of the abortions carried out by clandestine means.