Access to Abortion as a Fundamental Right: An Essay on Private Autonomy and Gender Inequality.

• Grant number: 22/01506-4
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: November 01, 2022
• End date: October 31, 2023
• Field of knowledge: Humanities - Political Science - Political Theory
• Principal Investigator: Raphael Cezar da Silva Neves
• Grantee: Ana Clara Francisco da Mata
• Host Institution: Universidade Federal de São Paulo (UNIFESP). Campus Osasco. Osasco , SP, Brazil

Abstract

Since Roe v. Wade, abortion has become a legal procedure in the United States. The rationale used to try the case, however, did not please many groups who currently question it and threaten the validity of that right, as seen from the recent appointment of Amy Barrett to the office of the Supreme Court, a fact that guarantees a Republican majority and therefore a "pro-life" advantage in the institution. The present project thus proposes an analysis of this decision, as well as of theories that seek to interpret its implications at the practical level. Without limiting itself to an expository character, the project analyzes and adopts the line of thought of Jean L. Cohen, who positions herself in favor of the case's determination, interpreting it as protective of women's rights. Thus, the analysis presented here defends the legalization of abortion on behalf of guaranteeing fundamental rights. Although focusing on the US process, the discussion addressed in the project is also relevant in the Brazilian context, which has its reality on the theme equally addressed.