Bioethics As An Influencer Element In The Claim Of Non-Compliance With A Fundamental Precede -Adpf nº 442. Júlio César Lellis, Renato Braz Mehanna Khamis

Abstract

The present study aims to address, in ADPF nº 442, the constitutional reception of the criminalization of abortion, on the discussion of the woman's right to autonomy of will to terminate the pregnancy, enshrined in principle to human dignity, as opposed to the necessary intervention of the State to guarantee to life in the light of an adequate legal system. From the review of bibliographical hypotheses on the topic of discussion, analyzing the legislation and scientific articles available on internet platforms, it is clear that liberality regarding abortion is respected by the criminal system itself as an exception. However, bioethics, considering all the influences of socio-historical-cultural values, is what leads to reflection for the appropriate judgment of whether or not to maintain the crime of abortion.