A (In)compatibilidade entre a criminalizacão do aborto e a atual conjuntura social brasileira

Abstract

This scientific article, whose methodology was a bibliographic search and research line to the construction of legal knowledge, aims to highlight the comparative analysis of Brazilian law about abortion of enses, pointing the possible discrepancies relative to the current social setting. It starts a divided structure of three chapters. At first the study is directed to the historical and conceptual evolution of the abortion in the several countries, especially the Brazil. After that, it starts the study of the Brazilian law about the comparative law context, making the analysis of the impact of a possible decriminalization of the practice in Brazil, such as occurred in other countries. And lastly, the study is directed to the abortion team in the Brazilian current reality, emphasizing the ADFP (Allegation of Disobedience of Fundamental Precept) no. 54, which the Supreme Court decided that the typified the conducts of the 124, 126, 128, items I and II, of the Criminal Code, understood as interruption of anencephalic pregnancy is incompatible with the Constitution. Finally, from the issues discussed, it still makes the analysis of the collision between fundamental rights involved in the debate about the decriminalization of the abortion practice in the Brazil.