Abstract:
The present paper aims to answer the following question: Does the criminalization of abortion proposed in the Penal Code of 1940 violate women's fundamental rights and still reflects on their human dignity? The article analyzes the possibility of curtailing the fundamental rights of women with a reflection on human dignity imposed by the criminalization of abortion. Using legislations and bibliographies on the subject, it is verified that the criminalization of abortion, besides impacting women's rights, can not effectively protect the right to life of the embryo. Criminalization is incompatible with fundamental rights, including the sexual and reproductive rights of women, which can not be forced by the State to maintain an unwanted pregnancy. In addition to the feminine autonomy, which should preserve the right to make its existential choices; the physical and psychic integrity of the pregnant woman, who suffers in her bodyand her psyche the effects of pregnancy; and the equality of women by full gender equality that depends on respecting their will in this matter.
