Article
English, Spanish, Portuguese
ID: <
oai:doaj.org/article:e621b3a9ff2845d686a54243784d0305>
·
DOI: <
10.5007/1677-2954.2015v14n2p300>
Abstract
The discussion on abortion in Brazil is often permeated by religious arguments through legal arguments. In a state guided by the principle of secularism, religious moralities should not interfere with public policies and even the formulation of laws. This article seeks to investigate the Brazilian normative hut, checking whether there are sufficient subsidies, from the point of human rights ethics, to prohibit the conduct of elective abortion based on the preservation of the foetuses’ right to life and personality. More specifically, it analyses the right to life and personality in Brazilian law, while also looking at a bit of the historical variations related to the position of the Catholic Church on the topic of abortion and its consequent impact on Brazilian law. It is understood that religious arguments have been used to prevent recognition of the right to voluntary abortion, with the full exercise of women’s autonomy and recognition of their rights as a historical and political subject. This ban has led to the death of thousands of women worldwide, which is why it is crucial to reflect on the arguments that impede legislative progress, maintained by the anti-abortist male discourse (Tiburi), which makes relative women absent (Adams).