QUANTITATIVE ANALYSIS OF ACADEMIC OUTPUT ON STF HABEAS CORPUS 124,306: FAVORABLE AND CONTRARY PERSPECTIVES ON THE DECRIMINALIZATION OF ABORTION IN THE FIRST TRIMESTER OF PREGNANCY

Abstract

This article aims to quantitatively analyze legal and academic publications related to Justice Luís Roberto Barroso's opinion in Habeas Corpus No. 124.306/RJ, which broadened discussions on the decriminalization of abortion during the first trimester of pregnancy. The research adopts a quantitative, descriptive, and comparative approach, based on the analysis of 18 works published or completed between 2017 and 2024. The publications were organized by year and classified into three categories according to their predominant positions regarding the opinion. The results showed the highest concentration of works in 2018, accounting for 33.3% of the sample. Regarding the positions identified, nine works (50.0%) were classified as favorable, six (33.3%) as opposing, and three (16.7%) as analytical or institutionally critical. The main favorable arguments emphasize women's fundamental rights, reproductive autonomy, public health, and proportionality. Opposing arguments focus on the protection of unborn life, legal certainty, and the limits of judicial authority, while analytical approaches examine constitutional interpretation and conflicts between fundamental rights. The study found that, although the ruling did not result in the general decriminalization of abortion, its reasoning contributed to broader legal, academic, political, and legislative debates. It concludes that the opinion has had significant academic repercussions, reflected in the diversity of interpretations identified among the selected works, without the findings representing the entirety of Brazilian academic production on the subject.