A luta feminista pela descriminalização do aborto no Supremo Tribunal Federal

Abstract

This study aims to examine the constitutional process in order to understand how the law both structures the patriarchal system and can be instrumentalized in emancipatory feminist struggles. The empirical case study method was used, focusing on amicus curiae petitions accepted in the constitutional action, which presented arguments based on feminist theory as discussed by Flávia Biroli and Lélia González. Initially, I present the conceptual framework through which voluntary abortion is linked to democracy and feminism. Next, I analyze empirical research and a legal case that took place in the city of Petrópolis, in the state of Rio de Janeiro. The study concludes that the predominant adoption of the conception of autonomy as a constitutional guarantee for the individual choice to terminate a pregnancy, as expressed in the selected amicus curiae petitions, along with the inclusion of empirical research, was the legal strategy chosen by these procedural entities.