Abortamento voluntário: perspectivas para a ADPF 442 sob a luz do integralismo de Ronald Dworkin

Abstract

This dissertation has as its theme the perspective for the Brazilian legal treatment for voluntary abortion during the first trimester of pregnancy, considering the theory of integralism proposed by Ronald Dworkin. As this is a complex subject and is in vogue, as the Federal Supreme Court will have to address the issue shortly, possibly still in 2019, when judging ADPF 442, which seeks to decriminalize voluntary abortion practices during the first trimester of pregnancy. Due to the complexity of the theme and its importance for thousands of women who, despite criminalization, undergo unsafe and clandestine abortion practices, the objective was to analyze what would be the most appropriate decision for ADPF 442, based on the theory formulated by Ronald Dworkin. To this end, an eminently bibliographic and documentary methodology was used, with deductive and dialectical approach methods and two procedural methods, the historical and the comparative, in order to analyze the different arguments related to the research theme. It focused on the analysis of the application of Dworkin's theory based on the decision of the Roe v. Wade case, just as it was intended to reproduce its application in the Brazilian case, from the analysis of previous decisions with similar themes. Thus, according to the application of Dworkin's theory, the tendency towards a decision agreeing with the ADPF 442 thesis is demonstrated.