O sujeito passivo do crime de aborto: a proteção do titular do direito à vida

Abstract

The issue of abortion and its legalization lies today at the center of a diligent discussion among public philosophical and bioethical discussions of Brazilian society. This is an issue that goes beyond the scope of the moral and medical discussions to involve themselves legal issues on the subject. Thus, the objective of this study is to define the taxable person of the crime of abortion showing you what rights are violated and the urgent need for its protection. Thus, based on interdisciplinarity and " Selection Criteria crimes and pain of penalties " Juarez Tavares is intended to demonstrate the relevance of the concept of person, as a subject of rights, which thus can be given to its effectiveness protection, justifying the criminal intervention in the private sphere. Faced with this question , and from the perspective of theoretical reasoning adopted , it can be stated , therefore, that the primary taxpayer of the crime of abortion the embryo is thus characterized from the formation of the human genome , which adds up with the design, is therefore well tutored in the legal crime of abortion the life of the embryo , considering their personhood , and therefore the subject of rights, so that any attack or affront to their hegemony, should be translated as typical in our law criminal, in order to ensure the effective protection of the holder of the right to life, as an absolute value in the Brazilian legal system.