A necessidade da procedência da ADPF 442 em prol dos direitos das mulheres: a análise empírica e o debate jurídico, filosófico, moral e biológico do aborto

Abstract

This study intends to defend women’s right to abortion, by discussing its data and statistics in Brazil and other countries which adopted legal abortion, besides analysing normative protection given to the fetus and the Woman. That being said, the quickest way to obtain that goal is to proceed with the claim of the constitutional process, the central theme of this article. Abortion statistics in Brazil present alarming data beacuse os their context of illegality, even if they’re not true to reality, due to the lack of a unified system that stores these informations. Many women die or suffer comorbidities, When it’s the duty of the State to guarantee them life quality and health. In addition, pregnant women who are forced to continue with unwanted pregnancies also have psychological, physical or financial problems. Through bibliographic research, an analysis of ADPF 442, of Brazilian Supreme Court’s decision involving abortion, of the comparative method with other countries that adhered to the legal practice of voluntary termination of pregnancy and, finally, all the legal, philosophical, biological and morality that involves abortion, the work demonstrates that the quickest way to protect women's rights would be through proceed wiht th claim of ADPF 442. Abortion exists and will not cease to exist, so it is up to the State to protect the dignity and rights of women, and the decriminalization of abortion would be a way forward in this direction.