A ADPF n. 54 e a descriminalização do aborto: as consequências da inovação normativa à falta de previsão legal.

Abstract

Abortion is one of the major reasons of causes of death in Brazil. According to the principles of human rights and citizenship, the woman has the ethical recognition to decide about their sexuality and reproduction. It remains to examine the extent to which this right can be extended, considering that an unwanted pregnancy may result psychological and physical problems both for the woman and for the unborn child. This study wants to analyze how the trial of ADPF 54 made possible openings for a possible decriminalization of abortion, given the fact that is notorious ethics freedom that the woman was granted and observe to what extent the right to life of the fetus conflicts with the right to life and the dignity of pregnant women. This manner, intending to achieve these goals, was used as methodology in this study the hypothetical-deductive methods, employing as method of procedure the historical- evolutionary and the comparative method, where there will formulate hypotheses on the subject, review of laws that criminalize abortion as punishable and their relationships with certain social groups. The research will be of indirect documentation, through literature, observing the current legal system, as well as books, magazines, papers, theses, aimed at better understanding and based on the criminalization of abortion and its consequences for society. Thus, to reach the objectives set initially, concluding that from the judgment of ADPF n. 54 made it possible to open holes for a possible decriminalization of abortion.