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On a conception of justice in the Brazilian democratic rule of law: the abortion right reflected on STF decisions ADPF 54 and HC 124.306

Grant number: 18/17765-3
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): May 01, 2019
Effective date (End): December 31, 2019
Field of knowledge:Humanities - Political Science
Principal Investigator:Ingrid Cyfer
Grantee:Tarine Guima Gonçalves
Home Institution: Escola de Filosofia, Letras e Ciências Humanas (EFLCH). Universidade Federal de São Paulo (UNIFESP). Campus Guarulhos. Guarulhos , SP, Brazil

Abstract

What is the existing justice in the Brazilian democratic Rule of Law? - it's the question that summarily guides this project, which proposes answering it by analyzing the case of abortion right in the country. Here, this case is represented by two judicial decisions from the Supreme Federal Court (STF): the Fundamental precept non-compliance arguing n. 54 (2012) and Habeas corpus n. 124.306 (2016), in front of what is given within the Penal Code legislation, which considers the abortion practice a crime. Considering it's a political-theoretic study, these decisions will be analyzed according to its documented votes, put in light to the fundamentations and concepts from Critical Theory authors, such as Jürgen Habermas, Nancy Fraser and Jean Cohen. The mobilized issues will be, in synthesis, women's autonomy while a social and political agent; the reconstruction of the public/private sphers dichotomy; and conceptions on justice, democracy and law.