Aborto e os direitos fundamentais: conflitos e desafios na ordem jurídica

Abstract

This article aims to analyze the conflicts between fundamental rights involved in the practice of abortion, especially the right to life of the fetus and the woman's freedom of choice, with an emphasis on human dignity. A qualitative methodology was adopted, based on bibliographic research and documentary analysis of national and international legislation and court decisions. The study demonstrated that, in Brazil, where abortion is criminalized with few legal exceptions, this restriction significantly impacts public health, women's autonomy and the justice system. It was also observed that countries with more permissive legislation presented better reproductive health indicators and greater respect for individual rights. The comparative analysis allowed us to identify legal models that reconcile, in a more balanced manner, the right to life and reproductive rights. As a result, the work proposes legislative alternatives and public policies that promote the protection of life in all its dimensions, guaranteeing women the full exercise of their dignity and autonomy. It is concluded that the review of the legal framework on abortion, in light of fundamental rights, is a necessary step towards advancing social justice and gender equality in the country.