THE DECISION NOT TO HAVE CHILDREN FROM A LEGAL PERSPECTIVE: EDUCATION, WOMEN'S AUTONOMY, AND GENDER EQUALITY IN BRAZIL

Abstract

This study investigates the decision not to have children from a legal perspective, with emphasis on women's autonomy in Brazil. The research problem consists of analyzing the extent to which the Brazilian legal system recognizes this choice as an expression of fundamental rights and human dignity. The hypothesis is that the expansion of access to education, the labor market, and contraceptive methods has contributed to strengthening women’s reproductive autonomy, reinforcing the understanding that motherhood should be recognized as a right rather than a social or legal imposition. The research adopts a qualitative approach, based on a bibliographic review and analysis of data from the Brazilian Institute of Geography and Statistics (IBGE), highlighting transformations in fertility patterns, especially among young women. The specific objectives are to analyze the legal foundations of reproductive freedom, examine the influence of education and employment on women’s autonomy, identify social stigmas related to non-motherhood, and assess the contribution of law to the promotion of gender equality. It is concluded that legal recognition of this choice is essential for the consolidation of a democratic, pluralistic society committed to human rights.