Reflexões acerca da luta pela descriminalização do aborto no Brasil

Abstract

The present work seeks to comprehend the way in which the dispute over the decriminalisation of the procedure of voluntary termination of pregnancy is carried out in both the Brazilian Legislature and Judiciary. Adopting Pierre Bourdieu’s “Symbolic Power”as the theoretical framework and assuming a wide scope of “Reproductive Rights”, not only the main bills being passed in the Legislature but also the jurisprudence of the Brazilian Supreme Court concerning the matter and, also, international legislation are investigated here. The first conclusion that has been come up with pointed out that whilst in the Judiciary the debate favourable to the decriminalisation keeps going further, in the Legislature, the opposite scenery can be found. The research also concluded that the decisions that stem from the Supreme Court can’t be faced as unconnected from the political, moral and religious discussion.