SILVA, B. R. L.; http://lattes.cnpq.br/2243803431423533; SILVA, Bianca Raquel de Lima.
Résumé:
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.