A descriminalização do aborto no Brasil e a legitimidade de atuação do Judiciário

Abstract

The present article has as purpose demonstrate the legitimacy of the Judiciary on descriminalization of abortion. It indicates the current political scenario of the Brazilian Legislative heavily influenced by a religious wing which acts against the legalization of voluntary termination of pregnancy. It will investigate some unfavorable bills on the subject circulating in the National Congress, drawing a parallel with progressive accomplishments in Latin America. It adopts as theoretical reference, acknowleding due criticism, the Democracy Conception of Ronald Dworkin, defending that it will only occur a genuine democracy when the Fundamental Rights of the minorities, such as the Reproductive Right of abortion, be guarenteed by the Judiciary, due to omission of the legislative majority. One of the reached conclusions is that the participation of the Judiciary is legit, since respected democratic imposed limits.