FUNDAMENTAL RIGHT TO LIFE OF THE UNBORN CHILD AND THE PRINCIPLE OF WOMAN'S AUTONOMY OF WILL: A CRITICAL ANALYSIS OF ART. 5th, CAPUT OF THE FEDERAL CONSTITUTION

Abstract

The central theme of this work is the constitutional study of the fundamental rights to life and freedom in relation to abortion and the autonomy of women's will in Brazil. This study was guided by a general objective of demonstrating the unconstitutionality of voluntary abortion, with the right to life as one of the main fundamental rights, since it is from this right that it is possible to enjoy any other fundamental right, even though it is considered by many scholars and jurists not to be absolute. The methodology employed was through legal research, of an exploratory nature in bibliographies and documents, with qualitative analysis, considering that doctrinal understandings about the fundamental right to life and freedom in the context of abortion were observed, with a theoretical deductive approach. Among the results achieved, it was shown that in the face of the clash between the right to life and the right to liberty in the matter of voluntary abortion, both the self-determination of the woman's liberty and the guarantee of preservation of the right to life of the unborn child have constitutional support, and there is a conflict of fundamental rights. It is therefore concluded that it is necessary to seek a balance between these rights, emphasizing the one that should stand out, according to each specific case.