A dignidade da pessoa humana no âmbito jurídico do aborto sob a perspectiva da corporeidade em Merleau-Ponty

Abstract

This monograph tries to investigate the legal-political conflict fundaments between the Judiciary and the Legislative regarding the matter of abortion. Given the complexity that envolve the theme, based on a moral dimension that historically reigns over the rationalities that dare to think it, the Brazilian legal system maintains a criminalization that now spreads, sometimes retracts, but still prevails and prevents really thinking of the abortion through an anthropological prism, to render precarious the necessary assistance to the victims of clandestinity, especially women, which exists and is sustained by this context. Faced with this lack, in order to think about the issue, we analyze the magnitude of the power structure that underpins the criminalization of conduct in its conjuncture, and we reveal that all of it focuses on the domination of the woman's body, a biopower, conditioning the woman under a symbolic violence, to submit to patriarchy, the cultural face of a capitalist domination. After this, we construct, from the juridical perspective, a doctrinal discussion that deconstructs this politics of domination, centered in the principle of the dignity of the human person, since this is the analytical focus of three center of force: the Judicial discourse, the Legislative discourse and the Feminism discourse, which reveals the empowered woman. In the context of the macroprinciple of the dignity of the human person and its conceptual openness, in line with the anthropological dimension inaugurated by the Biolaw, we understand the equivalence of the category of personality and corporeality - the latter analyzed under the prism of MerleauPonty's phenomenology - which suggests the body as the complete expression of the being and residence of human consciousness, to manifest it and to construct it as a result of its intentionality for the world, the motor of which is sexuality. In the context of abortion, this doctrinal comprehension will demonstrate that the individual who must be immediately afforded legal protection is the woman and, through her, the unborn child.