RIGHT TO NECESSARY ABORTION AND ABORTION RESULTING FROM RAPE: AN ANALYSIS OF THE BRAZILIAN LEGISLATIVE GAP

Abstract

This article aims to analyze the gap in Brazilian legislation regarding abortion in cases where the life of the pregnant woman is at risk and pregnancy resulting from rape. The lack of a clear regulatory framework for carrying out the procedure creates legal uncertainty and difficulties in applying current legislation. The study uses a qualitative methodology, based on a bibliographic review and case law analysis. As a result, we will identify the real need for specific regulation to ensure greater legal certainty and adequate access to the right to legal abortion. Another aspect that will be addressed in our research is the sociological aspect of a possible legislative filling in this topic and how countries deal with the matter. Finally, we will conclude the perspective of all the possibilities and theoretical approaches on the topic presented in this work, in addition to all the risks necessary for this hermeneutic conflict on the matter and the need to care for life in every sense.