THE PROVOKED EARLY ABORTION: A JURIS-PHILOSOPHICA APPROACH FROM THE PERSPECTIVE OF FUNDAMENTAL HUMAN RIGHTS

Abstract

Over time, abortion has been the subject of intense social, religious, medical, philosophical, judicial and bioethics debates. The WHO has already spoken out in favor of safe abortion to the detriment of unsafe abortion, which causes thousands of deaths annually around the world, which is why there is always room for debate about, in this case, induced early abortion, which raises problems addressed by law and philosophy, considering the its sacredness and the right to life, as philosophers Jeff MacMahan and Ronald Dworkin point out. The Federal Supreme Court, through ADPF 442/DF, pending judgment, will have to face the issue of decriminalizing abortion up to the 12th week of pregnancy. We aim to seek a better understanding of when human life can exist within pregnancy so that, as a result, there can be someone who cannot, as a rule, have their right to existence violated by human conduct. Having defined this time frame, through an approach to identity discussed by Jeff MacMahan, through a hypothetical-deductive method by Kall Popper, we sought to develop dialectical research with a phenomenological-hermeneutic attitude aiming at a better understanding of the problem. To this end, we also address the issue of criminalization of early abortion caused when, during pregnancy, there is not yet an embodied mind as philosopher Jeff MacMahan maintains. We conclude that it is possible to defend the decriminalization of early abortion induced when faced with a non-sentient living organism, that is, the non-existence of someone.