A (in)constitucionalidade dos requisitos para esterilizarão voluntária : análise jurídica sob a ótica da mulher cisgênero.

Abstract

The present study aims to investigate the constitutionality of the requirements required by law n° 9.263/96 to carry out voluntary sterilization, with regard to art.226, §7, CF, mainly in what affects the cis woman, considering the absence of substantive equality in family planning law. First, we will analyze the main elements for understanding the issue, where a brief presentation will be made of how the term in Brazil, as well as the legal developments since the term emerged in Brazil. In addition, we will discuss how tubal ligation and vasectomy are performed, which are scientifically accepted methods in Brazil to achieve voluntary sterilization and its legal protection, as well as the reproductive and sexual rights guaranteed by our national legislation. We will examine the requirements that are still in force, set out in Law Nº. 9263/96 (Family Planning Law) for sterilization to take place, in addition to new changes arising from Law Nº. 14.443/2022 that will begin to be applied from March, although one of the major changes was the withdrawal of the spouse's express authorization, there were no considerable changes regarding the constitutionality of the assumptions for achieving sterilization. Which justifies the relevance of this work in debating the role of the State in family law and the negative contributions of the referenced conditions, in the reproductive autonomy of women and their right not to procreate. To this end, the study used a basic strategy that adopted the deductive method, through a qualitative assessment, using bibliographical and documentary research of an exploratory nature, aiming to gather legal arguments about the constitutional incompatibility, with regard to the requirements for voluntary sterilization. It certainly showed, based on the principles of human dignity, free family planning, private autonomy, sexual freedom and the right to dispose of one's own body, that in the light of the Constitution, full civil capacity and the expression of will are the only admissible criteria, as a prerequisite for carrying out voluntary sterilization.