THE POSSIBILITY OF ABORTION PRACTICE IN VULNERABLE RAPE VICTIMS AND THE RIGHT TO LIFE OF THE FETUS

Abstract

Through the present scientific research, it deals with the possibility of abortion in case of pregnancy resulting from a crime of rape of a vulnerable person to the detriment of the fetus' right to life. In this context, it is observed that the Brazilian Penal Code, through article 128, II, presents two possibilities of legal abortion and, among them, there is the issue addressed in the article. It is noteworthy, in this mainstay, that there are two doctrinal and jurisprudential aspects on the subject, namely, those who stand in favor of maintaining the right to life of the fetus, even if such pregnancy is due to a crime of rape of the vulnerable. On the other hand, there are those who stand in favor of the victim's right to have an abortion, in line with the principle of human dignity and the need to protect the victim's physical and psychological integrity. With support in such positions, it is understood that each case should be analyzed by the magistrate individually, with the balance of fundamental principles and rights, so that there is no propagation of unfair decisions and contrary to social values. Regarding the methodology adopted, the use of bibliographic, doctrinal and jurisprudential mechanisms is emphasized, given that the theme is purely theoretical.