THE JOINT CRIMINAL LIABILITY OF PARTNERS IN CASES OF CONSENTED ABORTION: LEGAL DILEMMAS AND PERSPECTIVES IN BRAZILIAN LAW

Abstract

The research analyses the possibility of criminal co-responsibility of the partner in cases of consensual abortion, reflecting on the constitutional limits and the social impacts of this hypothesis. The central aim is to examine whether the partner’s involvement can be classified as co-authorship or typical participation without violating the principles of legality, proportionality, and human dignity. The study adopts a dogmatic and constitutional approach, investigating how categories of criminal theory interact with contexts of female autonomy and public health. The methodology employed is qualitative and bibliographical, based on a critical analysis of legislation, criminal doctrine, and constitutional parameters, while also articulating criminological perspectives to broaden the understanding of social conditioning factors affecting the legal interpretation of consent. The research shows that expanding punitive power to include the partner lacks consistent normative support, which undermines the legitimacy of attribution and reinforces the selectivity of the penal system. Preliminary findings indicate that co-responsibility, instead of providing greater protection of life, may generate stigma and deepen social inequalities, particularly by affecting vulnerable contexts. Thus, the critical analysis highlights the need for legal responses that prioritise fundamental guarantees and public policy solutions, preventing criminal law from being used as the sole instrument of control in reproductive matters. The academic contribution of this work lies in providing theoretical and critical insights to rethink the limits of criminal responsibility in the face of intimate and complex decisions.