Os efeitos da Lei n° 14.443 de 2 de setembro de 2022 na autonomia reprodutiva feminina: uma análise empírica da mudança legislativa no processo de esterelização voluntária em Fortaleza/CE

Abstract

This monograph analyzes the impacts of Law 14.443, dated September 2, 2022, on female reproductive autonomy, focusing on the process of voluntary sterilization in Brazil. The methodology used included the analysis of documents and data, a bibliographic review, and field research. The study reviews the legislative evolution since the enactment of Law 9.263, dated January 12, 1996, which was instituted in a context of widespread sterilization and served as a necessary protective measure at the time. The new law introduced significant advancements, such as the elimination of the spousal consent requirement and the permission to perform the procedure during childbirth, provided it is planned in advance and accompanied by a multidisciplinary team. However, the research criticizes the retention of the minimum age requirement at 21 years, highlighting the lack of scientific justification and the persistence of paternalistic influences and the notion of compulsory motherhood. Furthermore, it discusses the importance of ensuring that women have full access to the necessary information to make informed reproductive decisions, and how the implementation of this directive still faces practical challenges. The monograph concludes that, although Law 14.443/22 represents progress in reproductive rights, there is still a need for a proper balance between state and medical protection and the guarantee of women's individual autonomy.