The abortion debate: an equality-based approach

• Grant number: 19/07715-1
• Support Opportunities: Scholarships in Brazil - Master
• Start date: July 01, 2019
• End date: December 31, 2020
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Dimitrios Dimoulis
• Grantee: Taís Sofia Cunha de Barros Penteado
• Host Institution: Escola de Direito de São Paulo. Fundação Getúlio Vargas (FGV). São Paulo , SP, Brazil

Abstract

The research aims to contribute to the debate on abortion in Brazil, through the reflective presentation of an uncommon key of argument in Brazilian literature, that is, equality-based pro-decriminalization abortion arguments. Equality-based arguments are those that see the prohibition of abortion not only as a violation of individual freedoms, but also and mainly as a mechanism of group subordination and therefore a matter of equality. Such arguments were developed in the vein of Feminist Legal Theory, as a critical response to the liberal, gender neutral argumentation used by the US Supreme Court in Roe v. Wade. Some leading exponents of this debate are Catharine MacKinnon, Reva Siegel, Robin West and Ruth Bader Ginsburg. In view of the significant differences between the current Brazilian legal context and the context in which the equality-based arguments have been developed, the present research also proposes to reflect on the possibility of importing this discussion to Brazil. In order to do so, it aims to produce an inductive study of Brazilian constitutional doctrine and jurisprudence, in order to understand how the principle of equality has been mobilized and what visions of equality perpass the attributions of content to this principle in Brazil. From that point on, we seek to articulate what is inferred from the analysis of Brazilian doctrine and jurisprudence, with the theoretical framework produced in the North American context of the Roe v. Wade aftermath. (AU)

Scientific publications

(References retrieved automatically from Web of Science and SciELO through information on FAPESP grants and their corresponding numbers as mentioned in the publications by the authors)

TAÍS SOFIA CUNHA DE BARROS PENTEADO. Argumentos na chave da igualdade para a descriminalização do aborto no Brasil: rumo a novas oportunidades legais. Revista de Investigações Constitucionais, v. 7, n. 2, p. 451-472, 2021-01-06. (19/07715-1)