A CRIMINALIZAÇÃO DO ABORTAMENTO VOLUNTÁRIO E SUAS CONSEQUÊNCIAS PARA A SAÚDE PÚBLICA: UMA ANÁLISE COMPARATISTA COM O ORDENAMENTO JURÍDICO BRITÂNICO E SOB A ÓTICA DO DIREITO CONSTITUCIONAL

Abstract

The objective of the present study was to analyze the balance of rights in the abortion theme under the paradigm of constitutional democracy, emphasizing how the right to information and non-disinformation, treated by Luigi Ferrajoli, are essential mechanisms for the maintenance of the democratic system. It was sought to illustrate, through Anthropology, how abortive techniques emerged and how they are still used in complex societies, that is, the similarity of events between different societies and historical moments was highlighted in order to erect what are the duties of the State before the act of illegal abortion. The study ends with a reflection on how the balancing of the rights of the unborn and the woman can occur in the subject of voluntary abortion, based on the implementation of the gradualist proposal by the British legal system. The procedural method used was both historical and observational, with regard to the anthropological approach, since, in order to achieve the proposed objective, it was necessary to investigate past events and institutions in order to verify their influences in today's society.

KEYWORDS: Abortion; Public Health; Antropology; England; Constitutional democracy; Balancing rights