O intervencionismo estatal e a questão do aborto: a persistência da criminalização e o esforço legislativo na retirada da autonomia individual feminina no ordenamento jurídico brasileiro

Abstract

This study aims to analyze the state intervention in the women's individual autonomy, in relation to the voluntary interruption of pregnancy. For this, it will narrate a brief historical of abortion facing Comparative Law, confronting the global legislative trends with the Brazilian ones; using the Bill 5.069/13 as a paradigm, it will demonstrate how Brazil is still in a backward state. The legitimacy of laws that deny rights to women will be questioned, keeping in mind that Brazilian law is a expression of dominant groups of the society. Then, it will investigate what arguments are used by conservative groups to disapprove abortion. According to the discovery of the true legal interest in question, it will cause a reflection on the imposition of certain moral values by the state, defining the limits of its interference in the individual intimate forum matters.