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.
