A criminalização do aborto no brasil: uma análise crítica dos impactos na saúde pública e na justiça social à luz do ordenamento jurídico

Abstract

ABSTRACT : This scientific article analyzed the criminalization of abortion in Brazil and its impacts on public health and social justice, focusing on the Allegation of Disobedience of a Fundamental Precept (ADPF) 442. The objective consisted of investigating the ineffectiveness of the prohibitionist model and supporting the necessity of transitioning to a paradigm of care and reproductive autonomy. The deductive approach method was used, with procedures for bibliographic and documentary analysis of epidemiological data and decisions from the Supreme Federal Court. The results demonstrated that the 1940 penal legislation failed to inhibit the practice, resulting in approximately 800,000 clandestine abortions annually and the worsening of maternal mortality, disproportionately affecting Black and poor women. It was verified that criminalization violated fundamental precepts such as the dignity of the human person and State secularism by imposing religious dogmas over individual freedom. It was concluded that decriminalization up to the 12th week, combined with sexual education policies and access to contraception, presented itself as the most effective mechanism for harm reduction and the guarantee of social justice. Keywords: Abortion; ADPF 442; Dignity of the Human Person; Public Health; State Secularism