DESCRIMINALIZAÇÃO/LEGALIZAÇÃO DO ABORTO NO BRASIL: ASPECTOS RELIGIOSOS E JURÍDICOS

Abstract

Considering that the Brazilian State is organized by secularism and that, on the other hand, the current society is marked by the constant search for the sacred and that there are influences of religion in the most diverse spheres of power, especially in the legislature, our investigation will be to determine in which extent the option of the 1988 constitution by the secular model prevents or tolerates, in the light of the democratic principle, these religious influences on the powers of the republic, especially in the debate on the decriminalization / legalization of abortion. The intention of the research is, therefore, to understand if in relation to the relativization of the right to life to the practice of abortion, this dialogical relationship would be possible considering the concepts of secularity, constitutional unity, proportionality, values and democracy. In order to do so, support was sought in the reflective perspective of the theories about the legal norm emanating from the studies of Ronald Dworkin and Robert Alexy on the constitutional principles and plasticity of the new juridical norms, the juridical principles deriving from Neoconstitutionalism and the juridical Post-positivism. The aim, with this theme, is to know to what extent laity allows the influence of moral-religious values in the performance of the spheres of public power and if religious values and dogmas can or should be considered regarding the discussion of abortion. In addition, it will present abortion-friendly stances that rely on the idea that it would be up to women alone, based on their autonomy and based on public health statistics, to decide on abortion. In contrast, the arguments against abortion, especially those from the Brazilian religious sectors, will also be exposed. Mister discusses this theme in modern society, increasingly diverse, with a wide variety of creeds and doctrines, where religiosity is imperative and where scientific values counterbalance the debates. Thus, it is intended to find a path that considers a balance between secular and scientific theories.