ABORTION: LEGALIZATION AND THE FATHER'S RIGHT TO INTERVENE

Abstract

Abortion is the termination of pregnancy before the fetus is able to survive outside the womb. This practice is a complex and controversial topic, involving ethical, moral, religious, legal, and public health issues. Among these issues is the intervention of the father. This study aimed to discuss abortion and its consequences in both the legal and social spheres. In this sense, the legalization of abortion and the intervention of the father were discussed. The methodology used was a systematic review of the literature, based on scientific articles, books, periodicals, case law, and current legislation on the respective topic. Data collection was carried out through databases such as Scielo, Google Scholar, among others, from 2019 to 2024. The results showed that the crime of abortion performed without the father's consent generates the right to compensation, affecting not only the father but also families and society in general. However, the focus of this unlawful act is the biological father who will be deprived of having his child, living together, exercising parental authority, forming part of the line of succession for each other, in addition to moral damages. It is worth mentioning Bill nº. 556/2019, authored by Senator Eduardo Girão (PODEMOS-CE), which states that the penalty for the person who helps a pregnant woman to induce an abortion may be increased, and further increased if this assistant is the father of the fetus.