A DESCRIMINALIZAÇÃO DO ABORTO ATÉ A 12ª SEMANA NO BRASIL: UMA ANÁLISE DO VOTO DA MINISTRA ROSA WEBER ADPF 442

Abstract

The debate on the decriminalization of abortion up to the 12th week of pregnancy had several theses in Brazil, in the Action for Noncompliance with Fundamental Precepts (ADPF) 442, minister Rosa Weber defended the practice. Thus, this article seeks to demonstrate, in a coherent way, the various legal, social and ethical consequences of voting, addressing both the doctrinal bias that defends its constitutionality, and that part of the doctrine that poignantly criticizes it. The analysis not only observes the basis of Minister Weber's vote, which reverberates strongsupport for women's rights, as well as human dignity, in addition to female autonomy and reproductive health, but subsequently examines the opposing arguments, which deal with possible impacts social, moral and legal aspects of such a delicate decision. In this context, questions were raised about the limits of judicial intrusion in issues with moral sensitivity, and women's health in public health issues. Therefore, opposing different perspectives and opinions aims to increase understanding of the potential impact of the judgment on jurisprudence, on Brazilian society and on the formulation of public policies. The article does not anticipate definitive conclusions, but it encourages critical and in-depth reflection on the topic, given its collateral.