O direito de livre determinação da mulher e a proibição da interrupção voluntária da gravidez à luz do pós-positivismo jurídico

Abstract

This poper aims to demonstrate the collision of principles that occurs when analyzing the binomial women´s freedom and probation of abortion. To resolve this impasse, we must abandon and overcome the positivist view of the rule, and enter a new ground, giving principles the proper normative force. Adopting the post-positivist perspective makes it possible to make clear that the criminalization of abortion, in the way it is pret, seems incompatible with the constitutional principles. After discussion of standards, the guiding principles of law, and the law case and doctrine, it is concluded that choosing a scientific framework for determining the beginning of life is the right thing to do, in defense of women´s interests ahead of a secular state.