DECRIMINALIZATION OF ABORTION: EPISTEMOLOGICAL ANALYSIS BASED ON MARXIST FEMINIST CRIMINOLOGY

Abstract

Brazil classifies abortion as a crime under the 1940 Penal Code. However, this legislation does not reflect contemporary social changes and can harm women's autonomy. From this perspective, this article aims to understand how the study of Marxist Feminist Criminology can contribute to the debate on the decriminalization of abortion. The analysis extends to the discussion between the Penal Code and Human Rights, examining the implications of the criminalization of abortion in the light of these rights. Subsequently, the concepts formulated by the feminist strand are problematized, especially with regard to the study of gender and abortion, emphasizing the importance of women's self-determination. The fundamental concepts and theories of Marxist feminist criminology highlight the critical analysis of gender and power inequalities. Finally, the article relates the discussion on the decriminalization of abortion to the Marxist criminological perspective, suggesting an approach that considers the underlying social and economic structures. This study consisted of a bibliographical analysis of books, articles and literary magazines, using the deductive method to assess the general situation of the issue in question.  The study consisted of qualitative research. After analysis, it became clear that current legislation is not only ineffective in reducing the number of abortions, but also restricts women's autonomy to exercise their sexual and reproductive rights, as stipulated by law. It is believed that this research can encourage reflection on the decriminalization of abortion in Brazil in comparison with the legislation. In addition, this study may serve as inspiration for more advanced studies on the subject.