Aborto: como sopesar o direito a vida e o direito a liberdade no caso do aborto no ordenamento pátrio

Abstract

The Brazilian Constitution of 1988 brought with it in its article 5 the Fundamental Rights, such as the right to life, freedom, health, etc. These rights must be guaranteed by the State, still guided by the principle of the dignity of the human person, which guides the Democratic State of Law. However, reality shows that the state is not always able to fully guarantee these rights for citizens, and thus, the Judiciary is activated to solve such conflicts. The present CBT addresses the controversy surrounding abortion and the fundamental rights conflicts involved. The study arose from the need to analyze the conflicts of fundamental principles of life and freedom and the great controversy around this subject. It is intended to analyze which are these conflicts and if in the case of the subject on screen, which right should overlap the other. The use of bibliographical research, examination of doctrines, scientific articles, and jurisprudence was carried out, as well as extensive reading of several other materials on the subject. It was concluded that freedom of choice is preponderant to the right to life in the present theme, since the choice of the possibility of aborting to the detriment of the violation of the continuation of pregnancy is a very personal right of the individual. Women deserve this right of choice, and this right must be respected, since their violation is a violation of too many other rights.