A descriminalização do aborto sob a perspectiva da criminologia crítica e a necessidade de regulação dos direitos sexuais e reprodutivos das mulheres

Abstract

That study intends to question the criminal typification of voluntary interruption of pregnancy in the light of critical theory of criminology, noting the ineffectiveness of criminalization for the reduction of abortion practice, using a narrative review of quantitative studies, and finally, analyzing the reasons for restrictive legislation to remain in force. From this, it is started to analyze the concept of sexual and reproductive rights, in order to contribute to the discussion about abortion in Brazil. The methodology used has a qualitative character, adopting the logic-deductive reasoning to study the trajectory of the ADPF 54, as well as the foundations that gave support to its favorable judgment. It also analyzes the ongoing actions aimed at increasing the chances of legal abortion and the precedents of the STF used as the basis for these actions, which demonstrate the position of the judges about the necessary decriminalization of voluntary abortion. Lastly, it is observed Draft Laws and proposed Constitutional Amendments, which aimed end up hampering access to legal abortion or allowing the criminalization of such conduct already permitted by law. It is concluded that the discussion about the legalization of abortion in Brazil advances in the judicial sphere. However, the underrepresentation of women and the increase of the religious bench in the National Congress preclude the advancement of this debate in the legislative power. That is make to weaken democracy and violates the principle of state secularism; in addition, legislative threats to women's sexual and reproductive rights are emerging.