O projeto de lei n. 1904/2024 à luz da proteção jurídica dos interesses reprodutivos: uma tutela protetiva em prol de qual vida?

Abstract

This Final Paper analyzes Law Project no. 1904/2024, also known as the “Abortion Bill,” according to the protection of reproductive rights for girls and women enshrined in international commitments, the Federal Constitution, and infraconstitutional legislation and principles. In this regard, the study focuses on reproductive needs, especially the right to pregnancy termination, as a legal possibility and target of limitation by the “Abortion Bill.” The research aims to assess how the proposed legislative bill affects the protection of female reproductive interests, considering its social, political and healthcare, as well as evaluating the compatibility of the suggested amendments with international, constitutional, legal, and principled directives. The relevance of the monograph lies in the impact of ensuring reproductive rights as essential pillars for the acknowledgment of human dignity and the wellbeing of the female population, so that restrictive or abolitionist modifications promote the continued political instrumentalization of female bodies. The methodology is predominantly qualitative, using the deductive method and both bibliographic and documentary types. The conclusion reached is that the proposed legislation contradicts the legal framework from the perspectives of conventionality, constitutionality, legality, and principles, undermining the legal foundation based on human dignity, autonomy, and the well-being of girls and women, in opposition to the order established by human rights and the protection of basic interests related to the “mere” fact of having a female body.