PARA ALÉM DA DESCRIMINALIZAÇÃO DO ABORTO
o debate sobre dano social nas ADPFs do STF e as possibilidades de reparação
DOI:
https://doi.org/10.22409/conflu.v26i3.64891Abstract
This study investigates how the debate on the decriminalization of abortion in Brazil relates to the analysis of the social damages generated by criminalization, based on the Claims of Noncompliance with Fundamental Precepts (ADPFs) judged by the Federal Supreme Court (STF). A qualitative bibliographic and documentary research is carried out that will analyze the initials of the actions available on the STF website, from a hypothetical-deductive methodological perspective, falsifying the hypothesis presented. The text discusses the legal and social implications of the criminalization of abortion, contextualizing the national and international scenario to characterize social damage. Next, we investigate how discussions about harm have been linked to criminal sciences, in particular criminology. Finally, it is discussed how this debate appears in the ADPFs regarding abortion, verifying how the issue of harm is articulated with the role of the State in maintaining criminalization and denying safe abortion. In the end, it is observed that the analysis resulting from the damage in these actions is incipient, which could contribute to the recognition of violations of women's human rights and consequent reparation. It is essential that we demonstrate that we move beyond the binomial criminalization x decriminalization on the issue of abortion.
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Copyright (c) 2025 Luanna Tomaz de Souza, Davi Haydee Almeida Lopes, Luiza Simão Vieira

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