A REVIEW OF THE POSSIBILITY OF ABORTION ACCORDING TO THE BRAZILIAN LEGAL ORDER

• DOI: https://doi.org/10.22533/at.ed.2164142420069

• Palavras-chave: criminal law; dignity of human person; personhood; abortion; World Health Organization.

• Keywords: criminal law; dignity of human person; personhood; abortion; World Health Organization.

• Abstract:

  This work consists of presenting the results of research into the criminalization of abortion in the Brazilian legal system and its compatibility with the national constitutional project. The research was carried out based on the dialectical-dialogical methodology. where the position of national and supranational courts on the issue of abortion and its possibility is presented, aligning it with statistics made available by the World Health Organization. Finally, it is concluded that the criminalization of abortion in the Brazilian legal system does not violate the basis of the dignity of the human person inserted in the Brazilian constitutional project, but a new interpretation is necessary, so that free abortion is admitted, as long as it is consented by the pregnant woman, before the 20th week of pregnancy and, subsequently, in specific cases, authorized by the legislator.