O direito ao próprio corpo no procedimento de laqueadura como expressão do livre desenvolvimento da personalidade e autonomia privada

Abstract

This dissertation has as its central problem the article 10 of Law 9.263/96, which establishes the legal premises for carrying out voluntary sterilization procedures. This device underwent changes with the advent of law 14.443/2022, which made these requirements more flexible. However, it is not possible to analyze these legal changes without first identifying the pillars on which the legislation is based, namely: the predecessor factors, mainly the time when the law was approved, the philosophical theory on which these facts are based and the norms, values ​​and principles represented by the national and foreign legal order; In this way, the work was divided into three parts: in the first part, a survey was carried out of the historical contexts and philosophical theories that are in the background of the device. In the second part, we seek to present the legal bases, national and international, to which reproductive rights are supported. Finally, in the third part, an exegetical analysis of two points of article 10 was carried out: § 5 and items I and II; For this work to be possible, the dialectical method was used, with the aid of the monographic method. In the end, it was concluded that the changes brought about by Law 14,443/2022 brought great advances, especially to women's reproductive rights, since it eliminated the need for marital authorization to perform the procedure, authorizing the procedure to be performed soon after childbirth. Despite this, it is clear that, although there has been considerable flexibility in relation to the minimum age to perform the procedure, which has dropped from twenty-four to twenty-one years, the presence of declared perfectionism is still observed, since no reasonable scientific theory has been put forward that demonstrates the need for an age greater than eighteen years of civil majority