A inconstitucionalidade do aborto sentimental.

Abstract

The greater and valoroso right of the human being are the life, are in this context develop work all, showing that nobody has the right to take off the life of outrem, exactly that are a life in formation. One searchs to show that the abortion in pregnancy resulting from rape is not and nor never will be a legal form of finally to a life human being, therefore does not exist this legal form in our legal system, exactly that many try to justify this type of abortion of some form. Thus it is presented as objective generality of the present work, to recognize the unconstitutionality of the device of the Brazilian Criminal Code that authorizes the abortion in pregnancy resulting from rape. Outrossim, is objective specific: to investigate the conceptual aspects and the historical evolution of the abortion crime; to differentiate the foreseen species of abortion in the native legislation; to analyze the limits taxes for the legal system, to the right that if has to make use of the proper body. For in such a way, exegetico-legal method, assisted for the method will be used description-evolutivo, in order to proceed the bibliographical research. The reach of the mentioned objectives is longed for, pointing itself as problem and corresponding hypothesis: the abortion in pregnancy resulting from rape is unconstitutional? Yes, because it opposes the Federal Constitution, when fulmina the right to the life, overlapping it it the right the subjective honor. The conclusion that the research points walks in the direction of that the abortion in pregnancy resulting from rape lacks of constitutional basement and that the argument of that the same consists of measure of criminal politics it denounces that, in the truth, it is about plus a form guaranteeing state inertia, to continue the State if absenting of its responsible paper of for the security and social peace. In this direction, the outcome of the work is given, with an implicit suggestion to the State, so that instead of punishing the child, who is without a doubt the biggest victim, fulfills to its paper giving to this child conditions healthy development, worthy conditions of existence, despite moved away from the mother, case this thus prefers. To the woman, who each time less is rape victim, and if it it will be, that it receives physical and psychological assistance necessary.