Análise dos direitos reprodutivos da mulher: Um olhar criminológico sobre autonomia feminina

Abstract

This monographic work addresses women's reproductive rights in light of Feminist Criminology, analyzing women's autonomy in reproductive decision-making and the impacts of abortion criminalization in the Brazilian legal context. The research problematizes abortion

restrictions as a violation of women's fundamental rights, particularly regarding self- determination and dignity. It is based on the hypothesis that abortion criminalization

undermines female autonomy, preventing women from fully exercising their reproductive rights and reinforcing a legal-penal system structured by and for men. The study seeks to demonstrate that reproductive freedom is a fundamental human right, supported by national and international legal norms. Methodologically, the research adopts a bibliographic and jurisprudential approach, exploring domestic and international legislation, as well as rulings from the Federal Supreme Court and legislative proposals discussing its unconstitutionality. The monograph is structured into three chapters. The first examines women's reproductive rights within the Brazilian legal framework. The second analyzes abortion criminalization from the perspective of Feminist Criminology, despite its epistemic pluralities, discussing how the penal system reinforces gender inequalities. The third examines case law and the legislative landscape, considering Federal Supreme Court rulings and the impact of public policies on the enforcement of reproductive rights. It is argued that abortion criminalization violates women's fundamental rights, reinforces structural inequalities, and further marginalizes those already vulnerable to informal social control and, in this context, to formal control through the criminal justice system. Thus, it is defended that the decriminalization of abortion safeguards female autonomy and ensures the protection of women's human rights.