A constitucionalidade do direito ao aborto

This research analyzes the constitutional guarantee of the right to abortion. Given the information presented by the Ministry of Health, which estimates one million unlawful abortions per year and identifies this practice as the fourth largest direct obstetric cause of maternal death in Brazil, it w...

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Autor principal: Azevedo, Natanny Yasmin de
Outros Autores: Presgrave, Ana Beatriz Ferreira Rebello
Formato: bachelorThesis
Idioma:pt_BR
Publicado em: Universidade Federal do Rio Grande do Norte
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Endereço do item:https://repositorio.ufrn.br/handle/123456789/51585
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Resumo:This research analyzes the constitutional guarantee of the right to abortion. Given the information presented by the Ministry of Health, which estimates one million unlawful abortions per year and identifies this practice as the fourth largest direct obstetric cause of maternal death in Brazil, it was realized the need to research the dimensions of fundamental rights to life and the dignity of the human person. Therefore, in view of the typologies of abortion and the hypothesis of excluding illicitness, human life was identified as the legal right protected in the Brazilian legal system; later, the theories of the origin of human life and the individuality of the entity in embryonic development were examined; and the extent of fundamental rights and guarantees was analyzed. The constitutional guarantee of the right to abortion is observed, if respected the beginning of the human life, identified from the twentieth week on. Finally, the constitutionality of the right to abortion, with relative limitation, comprises part of the effectiveness of the Democratic Rule of Law.