Planejamento reprodutivo e esterilização voluntária: uma análise acerca da inconstitucionalidade presente em alguns requisitos do artigo 10 da Lei 9.263/96

Abstract

This research dedicates to analyze the inconstitutionality present on the initial part of line I, initial part of §1º, §2º, §5º of Article 10 of Law 9.263/96. The study makes itself important as much as this law regulates a constitutional right provided and that can be being violated. The Law 9.263/96 was imposed to regulate the right to reproductive planning, provided in the Article 226, §7º of Magna Carta of 1988. This Law, within other assignments, in its Article 10 dedicates to regulate the procedure of surgical sterilization, tracing the essential requests so that the individual can submit itself to the procedure. Although, on establishing those requests, the legislator imposed a number of rules with a clear objective of make it difficult the realization of surgical sterilization, which made to be lifted many questions about the inconstitutionality present on those requirements. Initially, it will be expatiated about family planning, its origin, evolution to the level of reproductive planning on contemporaneity and its prediction on the current legal order in the mood to know the right in question. Consequently, it will be analyzed the constitutional principles guided of the reproductive planning and by the end, it will exam the Law 9.263/96, more specifically about the voluntary sterilization, bringing the historical aspects and the application of these procedures as an instrument of the reproductive planning on Brazil, such as placements about the possible inconstitutionality present in some points of Article 10 of the referred Law.