Aborto: os tramites legais para sua efetividade.

Abstract

Considering all the historicity, it is known that the female figure was always surrounded by the sexism, which controls the way of the woman sees/ and have herself and how she must inflict herself in the world, believing that she’s an object of others realization. The male domination over the female bodies dictates rules of how the woman should behave related to her own body, instilling on the social imaginary that this woman is owner of a biologic body designated to care and reproduction, and for that is not possible to dispose of it, but to watch it like it was a “heritage of humanity”. The abortion control is, in this way, particularized as a way of male domination in view of the total absence of reproductive and sexual autonomy recurrent, imposing the woman to a determinate monitorization in order to legitimate the biological ideal that the woman is a natural being created to reproduce the species and to serve it. This way is necessary to analize the consequences of the precariousness from the regulamentation about abortion of pregnancy in the prescribed cases of 128 article from the Brazilian Penal Code and in ADPF 54 that, although legally provided as non punishable, finds social and institutional difficulties towards being realized. According to what was said before, the present study aims to demonstrate, from bibliographic research of specialized doctrine and concerning legislation: law-decree, decisions, ordinances, technical standards, etc. and deductive method that, in Brazil, this control is very real, even taking by consideration the hypothesis that abortion is allowed in the penal legislation, but it’s not guaranteed of an ideal form from the moment that the information for the women are scarce, the few care services existing are extremely scarce and for the service providers it's up an objection of conscience that stems from macho ideals. The results that has come is that the women are being obligated to pregnancy maintenance in any case, coming from the practical of criminalization or by the absence of guarantee of its realization.