Planejamento familiar brasileiro: o consentimento do cônjuge como um dos limites jurídicos para realização da esterilização feminina

Abstract

This work aims to analyze the restriction that conditions the choice for voluntary sterilization to the consent of the spouse, subjecting the married woman who no longer wishes to become pregnant at the will of the other. The theme is of great relevance because in addition to dealing with public health, it also covers the treatment of inequalities in

gender relations, especially in the family sphere, given the importance of women's self- determination in society and the recognition of their fundamental rights. In this way, it will

be investigated whether the limitations to carrying out the voluntary sterilization procedure established in the Family Planning Law are consistent with the fundamental principles, the dignity of the human person, the right to freedom and the right to free family planning, provided for in the Charter Magna. In order to achieve the objective of the study, a theoretical and qualitative research was carried out using a deductive method and bibliographic and documentary technical procedure. Firstly, the birth of sexual and reproductive rights is investigated and later the historical factors that culminated in the constitutional provision of the right to family planning. Then, Law No. 9,263 / 96 and the restrictions imposed on the procedure, as well as the use of voluntary sterilization as a contraceptive method in Brazil, are analyzed. In the end, it studies the Direct Action of Unconstitutionality no 5097, which is being processed at the Supreme Federal Court and questions the restrictions imposed by the Family Planning Law. As a result, it is possible to conclude that the restrictions are unreasonable and harm, above all, women, and the State should refrain from intervening in the decision to carry out the voluntary sterilization procedure.