Participação social na audiência pública do Supremo Tribunal Federal sobre a descriminalização da interrupção voluntária da gestação

Abstract

This article aims to critically analyze social participation in the Public Hearing, held at the Federal Supreme Court, regarding the decriminalization of voluntary interruption of pregnancy, which supported the judgment of the Argumentation of Non-compliance with Fundamental Precept no 442, which debated , in 2018, the constitutionality of abortion. This article verifies whether, in fact, there is an effective and democratized participation in the aforementioned process, since democracy, the current political system in Brazil, is also manifested through direct participation. This verification takes place through the analysis of the profile of the participants heard as curious friends in the audience. The methodology of this qualitative and comprehensive research is the use of jurisprudence, doctrines and documents, in addition to videos and shorthand records of the public hearing. The starting point of the research is the theoretical collaborations on the democratization of constitutional jurisdiction and the US case Roe versus Wade, an important theoretical reference for debates about the constitutionality of abortion, judged in 1973 by the Supreme Court of the United States. In conclusion, this article points out that the supposed intention to democratize the decision-making process within the scope of the Federal Supreme Court based on the participation of exhibitors representing different social segments in the public hearing does not actually occur, since the selected exhibitors, in their majority, represents the technical-scientific discourse. As a result, aspects of the social experience of the female portion of the population, which is most impacted by the criminalization of abortion and its problematic effects, are not considered in the way they should be, despite the fact that a predominant proportion of women who are exposed, in to the detriment of the number of men, a scenario that occurred exclusively in the public hearing dealt with here.