Aborto e Direito à Vida: Inconstitucionalidade do aborto em caso de estupro

Abstract

In its article 128, section II, the Brazilian Criminal Code states that the abortion isn't punishable when the fetus is generated by rape. This blatantly violates the fundamental right to life if we consider that the unborn is entitled to it. In this way, this research makes the case for the unconstitutionality of abortion after rape, from the viewpoint that the unborn also holds the fundamental right to life. By deductive and argumentative methods, it starts from the generality of fundamental rights until achieves the supremacy of the fundamental right to life, in a dialectical approach between the violation of the unborn's right to life and the pregnant mother's rights, winding up with the unconstitutionality of the article 128, section II, of the Criminal Code.