CRIMINALIZAÇÃO DO ABORTO E DIREITOS FUNDAMENTAIS DAS MULHERES: ANÁLISE JURÍDICA

Abstract

The paper addresses the criminalization of abortion in Brazil and its consequences in the legal and social spheres, with an emphasis on the violation of women's fundamental rights, particularly concerning the right to health, gender equality, and individual freedom. The research, based on a theoretical and historical-evolutionary approach, investigates the historical evolution of abortion and the impacts of legal restrictions on women's rights. In this context, it explores the religious, cultural, and political influences on the legislative process, revealing the absence of secularism and the persistence of conservative values that reinforce female marginalization. The critical analysis of Brazilian legislation highlights the need for alignment with human rights standards, recognizing abortion as a public health issue and a fundamental right of women. It further emphasizes the importance of comprehensive sexual education and public policies that ensure access to safe abortion. Finally, through a comparative analysis with foreign legislations and their social impacts, the study suggests the need for reforms in Brazilian norms, aiming to promote reproductive rights, dignity, gender equality, and the protection of the physical and mental health of Brazilian women.