RODRIGUES, V. M.; http://lattes.cnpq.br/3846513363751809; RODRIGUES, Vanessa Medeiros.
Resumo:
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.