CONTRACEPTIVES OF EMERGENCY AND ABORTION IN BRAZILIAN CRIMINAL LAW: A BIOETHICAL ANALYSIS

Abstract

This article aims to analyze the relation between women's freedom and the right to life, studying the effects of emergency contraceptives such as Levonorgestrel and Ulipristal Acetate, in a bioethical analysis about the biological, social and legal contents brought by the mentioned drugs. Nevertheless, the personality theories are analyzed linked to the effects of the emergency contraception to promote and verify if the contraception would be mere emergency contraceptives or abortifacients. As it regards the analysis by the personality theories, the study carried out here seeks to solve the collision of existing principles when there is a contradiction between the life principle and the substantial female freedom over her body, weighing principles case by case. Furthermore, this study sought to bring an analysis of how the criminalization of abortion is harmful, and thus ineffective to the Brazilian reality, once the female society seeks for its social emancipation regarding issues concerning their own body as a form to actualize the right to health, especially public health. It is also presented in this article the Brazilian reality, which includes the use of Cytotec, a drug even banned from Brazil that can still be found and acquired illegally on the black market. Finally, using the deductive method, this study seeks to analyze possible civil effects that would be caused by abortion, in order to defend the decriminalization of abortion.