O aborto e o direito à vida

Abstract

The present work, in view of the fundamental rights to life and freedom enshrined in the Greater Law of 1988, proposes to analyze the abortion question, in order to conclude what should be the state position on the subject: legalize it or prohibit it, it. For this, it uses the dialectical method, in order to extract results from the contraposition of the arguments that permeate the different views on the subject. Thus, the starting point is a study on the way in which the country's law deals with the matter, entering the constitutional scope and the International Treaties. Afterwards, the three civilian theories about the beginning of the civil personality (natalist, conceptionist and conditioned personality) stand out. From this legal-doctrinal examination, the subject is analyzed from a practical-political perspective, with the establishment of a supranational panorama about how some Globo countries treat abortion. Thus, there is a worldwide tendency to legalize practice, which is why it is important to analyze the legitimating arguments of conduct. In this sense, it is important to study the numbers divulged by the media related to the subject, in order to demonstrate their inflated and invalid character, exposing the true numbers of the question. Another point used as legitimizer of the legalization of abortion is the idea that its prohibition does not impede its practice; this idea is also demystified, since disrespect for the law does not mean by itself that the rule should cease to exist. Finally, the question of the beginning of life is emphasized in order to note the lack of consensus in the scientific community on the subject, which leads to the cautious conclusion that the practice should be prohibited in order to prevent the permission of a conduct that is unable to establish whether or not it constitutes a violation of the right to life of a third party.