Constitucionalização do aborto no Brasil: uma análise a partir do caso da gravidez anencefálica
Fecha
2019Autor
Rodriguez de Assis Machado, Marta
Cook, Rebecca J.
Metadatos
Mostrar el registro completo del ítemResumen
Brazil has been constitutionalizing disputes on women’s right to terminate unwanted
pregnancy. This paper explains how this process started with the drafting of the new
constitution in 1986-87, and evolved in different arenas, the legislative, the executive
and in the public sphere. Most recently, it moved to the Supreme Court, primarily in its
anencephalic pregnancy decision, brought as a Claim of Non-Compliance with
Fundamental Precept (ADPF 54). Decided in 2012, it was the first time since the
adoption of the Penal Code in 1940 that the Brazilian Supreme Court moved the criminal
boundaries to enable women to decide whether to terminate anencephalic pregnancies.
The purpose of this article is to examine how the ADPF 54 decision contributed to the
constitutionalization of abortion. First, it established the right to life as a non-absolute
right, granting constitutional legitimacy to the system of legal exceptions. Second, it
signaled the balancing of constitutional rights as the reasoning paradigm for this issue. Third, in framing the controversy as a matter of balancing constitutionally protected
rights, the positions established in the Court ultimately recognized crucial understandings of women’s rights.
Colecciones
- Artículos académicos [293]
- 2. América Latina y el Caribe [869]
- Causal malformaciones fetales [19]
- Brasil [40]
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ADPF 442/DF Public Hearing in the Supreme Federal Tribunal of Brazil. August 3, 2018. Testimony by Rebecca J. Cook, C.M, M.P.A., J.D., J.S.D., F.R.S.C.* Professor of Law Emerita. Faculty of Law, University of Toronto, Canada on behalf of Latin American Consortium against Unsafe Abortion (CLACAI)
Autor desconocido (2018)A ruling by the Supreme Federal Tribunal of Brazil to suspend Articles 124 and 126 of the Penal Code, and to recognize the constitutional right of women to terminate pregnancy during the first twelve weeks of pregnancy, ... -
ADPF 442/DF Public Hearing in the Supreme Federal Tribunal of Brazil .August 3, 2018 Testimony by Rebecca J. Cook, C.M, M.P.A., J.D., J.S.D., F.R.S.C. Professor of Law Emerita Faculty of Law, University of Toronto, Canada on behalf of Latin American Consortium against Unsafe Abortion (CLACAI)
Cook, Rebecca J. (2018)A ruling by the Supreme Federal Tribunal of Brazil to suspend Articles 124 and 126 of the Penal Code, and to recognize the constitutional right of women to terminate pregnancy during the first twelve weeks of pregnancy, ...