Feminisms, Dworkin and Abortion

Abstract

Objective: The objective of this study is to investigate Brazilian legislation, Dworkin's studies and feminist critical theory regarding abortion with the aim of understanding how feminisms can generate criticism of Brazilian legal regulation and Dworkin's conclusions on the topic. Theoretical Framework: In this topic, the main concepts and theories that underpin the research are presented. Feminist critical theories and Dworkinian theory stand out, providing a solid basis for understanding the context of the investigation. Method: The methodology adopted for this research comprises the hypothetical-deductive method and data collection was carried out through bibliographical documentary research, notably from research sources consisting of scientific articles, books, periodicals and collections. Results and Discussion: The results obtained revealed that (i) different feminisms contribute to confronting sexist oppression; (ii) by guaranteeing the material equality of people, the Federal Constitution is feminist and the acts of the three Powers should be revised accordingly; (iii) the decriminalization of abortion in the first trimester of pregnancy will be decided by the Federal Supreme Court in ADPF 442, but there is a favorable understanding in HC 124/306; (iv) Dworkin's interpretive theory proposes Law as integrity and analyzes abortion from the American context, when the Supreme Court presented a permissive precedent; (v) Dworkin understood abortion as a collective issue because it involves collective values ​​and the intrinsic good of life, which is of state interest, which would justify the State demanding certain responsibilities via regulation; (vi) Dworkin criticizes the author of radical feminism and cites the author of femininity feminism, which is widely criticized for the idealization of motherhood and for enabling sexist aspects; (vii) for the Law, abortion is not a religious, moral or ethical discussion, it does not require consideration between the community's religious rights and other rights, but it is a choice of the pregnant woman and its regulation depends on scientific medical criteria. In the discussion section, these results are contextualized in light of the theoretical framework, highlighting the implications and relationships identified. Possible discrepancies and limitations of the study are also considered in this section. Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence practices in the field of criminal law. These implications could include the (de)criminalization of abortion. Originality/Value: This study contributes to the literature by approaching a critical view of abortion for Dworkinian theory from feminisms. The relevance and value of this research are evidenced by its questioning of some Dworkinian moral assumptions about abortion.