A esterilização voluntária feminina: uma análise sobre a autonomia corporal e reprodutiva da mulher, em detrimento ao § 5o, do art. 10, da Lei n. 9.263/1996

Abstract

The present work proposes to study the theme of women's autonomy and their rights to their bodies and reproductive planning. Within this theme, the research proposes to investigate the question of whether the restriction imposed by §5o, of art. 10, of Law n. 9.263/1996, the need of express consent of the spouse, during the validity of the conjugal society, to perform voluntary sterilization, violates the exercise of reproductive autonomy, freedom and physical integrity of women. To this end, it is aimed to defend the unconstitutionality of paragraph 5 of article 10 of Law 9.263/1996, which establishes the requirement of express consent of the spouse. Finally, it is raised the hypothesis that, since every person has the right to self- determination, only he/she is entitled to choose whether or not to undergo a voluntary sterilization procedure, which must be based on informed consent, so that the restriction imposed by the provision under analysis, of the Family Planning Law, prevents the exercise of reproductive autonomy, freedom and physical integrity of women.