A caça às bruxas não acabou: a criminalização do aborto enquanto problema de saúde pública no Brasil a partir de uma análise jurídica e histórico-social

Abstract

The present work will address the historical period understood as the Witch Hunt, which occurred during the Middle Ages in Europe and spread to other continents, mainly in the Americas, and its decisive influence to the present day upon the abortion criminalization in Brazil, using a legal and sociological approach, observing the situation of women in other realities, seeking, therefore, a possible solution to the hypothesis here presented, that being: the feasibility of decriminalizing abortion in Brazil in the face of the verification of the existence of a public health problem that's due to its clandestine practice. In this sense, at first this historical moment andits relationship with the abortion criminalization will be understood, and then the existence of a public health issue due to the criminal typification of that conduct will be analyzed and, at last, the decriminalization in the face of the issues raised will be argued. To reach the determined purpose, the hypothetical-deductive method was used, this being an exploratory and explanatory-descriptive research, as well as was carried out a bibliographic survey through books, theses, scientific articles, and others that contributed in the most appropriate way to the elaboration of this monograph. In general, in accordance with the present discussion, it is concluded that the criminalization of abortion conduct results in its practice by clandestine and illegal means, generating a serious public health problem in Brazil, and in view of the analysis of advances and other decisions within this sphere, only the legalization and consequent decriminalization of abortion can reverse this social framework and guarantee the defense and exercise of the fundamental rights of the girls, teenagers and adult women in the country.