Justiça reprodutiva nos tribunais superiores: decisões (2022-2024) sobre aborto do Supremo Tribunal Federal do Brasil e da Suprema Corte dos Estados Unidos

Abstract

This study analyzes contemporary (2022-2024) abortion rulings issued by the Supreme Federal Court of Brazil and the Supreme Court of the United States from the perspective of Reproductive Justice. The research investigates how these courts apply national laws regarding reproductive rights. To achieve this, an empirical-documentary approach was adopted, with a qualitative analysis of the legal arguments used in the rulings through the lens of Reproductive Justice. The findings show that while the U.S. Supreme Court reversed historically guaranteed rights by overturning Roe v. Wade, allowing the total criminalization of abortion in several states, the Supreme Federal Court of Brazil maintains a hesitant stance, delaying crucial decisions on the decriminalization of voluntary pregnancy termination. The study concludes that Reproductive Justice should be a central framework for analyzing and formulating public policies and judicial decisions, ensuring that women's rights are treated as inalienable human rights.