Aborto Sentimental no Brasil: Há garantia ou flexibilização de um direito penalmente previsto?

Abstract

Abortion is a legal fact and culturally controversial in the experience of Brazilian women, who, despite the criminogenic condition and the risks of morbidity and mortality, see it as the ultimate resource to terminate an unwanted or forced pregnancy. In many cases, what is behind the abortions performed are situations of sexual violence that resulted in pregnancy, making the so-called sentimental abortion permitted. Based on this, this work has the general objective of analyzing whether the right to interruption of pregnancy resulting from rape has been guaranteed or relativized in the sphere of action of the Powers of the Republic. In methodological terms, it consists of an exploratory research, with use of the deductive method of approach, the systemic method of procedure, aided by the historical-evolutionary method, and the indirect bibliographical and documental techniques. The study allowed us to deduce that there was, yes, a relativization of the right to sentimental abortion in the Legislative, Judiciary and Executive spheres, in the last ten years. The criminalizing aspect of the interruption of pregnancy in cases of sexual violence finds support in the constituted powers of the Republic and places in doubt the protection of the human rights of girls and women in the country. In contrast to the international scenario of legalization, the current Brazilian socio-legal conjuncture still imposes an obstacle even when the permission for abortion is expressly stated.