Esterilização voluntária e planejamento familiar: reflexões acerca das inovações ocasionadas pela Lei n.o 14.443 de 2022

Abstract

This undergraduate thesis aims to carry out a critical approach to the innovations introduced by the Act No. 14.443/2022 in relation to the changes introduced in the Family Planning Act (Act No. 9.263/96). The Family Planning Act regulates the procedure of voluntary sterilization in capable people, as long as there is no risk to life or health. To achieve this goal, a brief analysis of how the theme was treated at the international level will be carried out, as well as an investigation on the introduction of the theme of family planning in Brazil, mainly since the enactment of the 1988 Brazilian Federal Constitution, until the implementation of the Act No. 14.443/2022. The research aims to identify the changes brought by this Act and determine if they represent an effective progress in the treatment of this theme. By means of a bibliographic and legislative survey, as well as in a comparative analysis between the previous and current legislation, it was identified two main changes, which are the revocation of the need for consent of the spouse to perform the tubal ligation and the reduction of the minimum age for the procedure. Based on these modifications, the study seeks to verify whether these changes represent relevant advances in the approach to the theme. The hypothesis is that the revocation of the consent of the spouse and the lowering of the minimum age are modifications that privilege the individual freedom to reproductive self-determination, and that Brazilian legislation does not have a general determination about the reproductive capacity of individuals.