A esterilização cirúrgica e os direitos da personalidade

Abstract

This study aims to analyze the limitation imposed by the family planning law regarding the performance of voluntary sterilization surgery, since there are certain criteria whose obedience is necessary in order to be able to perform it licitly. Surgical sterilization is a contraceptive method that was widely used by women, especially during the 1970s and 1990s, whose main arguments were the safety of this method, thus avoiding the risk of an unwanted pregnancy and consequently abortion. Another issue raised by women in choosing this method was sexual freedom, since surgery dissociates reproductive activity from sexual activity, as well as discourses that involved economic issues, such as work and the position reached by them within the market, in addition to the quantity of Resources available to provide a better living condition for family members, among other reasons. Thus, family planning as an expression of sexual and reproductive rights, expressly guaranteed in our Constitution, whose foundation must be based on the principle of human dignity and responsible parenthood, can be considered a fundamental right of the personality, thus providing a field of action for the Selfdetermination in relation to their choices. In this way, it is sought to understand why this limitation imposed by law and to substantiate the possibility of the individual after completing eighteen years and not being affected by something that makes him temporarily or permanently incapacitated, make the choice whether or not to exercise maternity or paternity And what methods to use to prevent pregnancy, provided that such choice is derived from free and informed consent, revocation may occur at any time, and that surgery is permitted only in private institutions after the individual reaches civilian majority.