A mulher e o direito ao próprio corpo: uma análise do acesso à laqueadura, seus limites e imposições

Abstract

Women's rights are part of the permanent agenda of discussions within the scope of public policies. In particular, we draw attention to reproductive rights, which were recognized as fundamental rights provided for in the Institute of Family Planning, provided for in §7 of Article 226 of the Federal Constitution of 1988. The advances in terms of standardizing women's rights are indeed notorious. . Although advancing continues, there are perpetuation of barriers to the realization of these rights, representing real setbacks to the struggles of feminist movements. At this point, the analysis of article 10, item I, §2 and §5 of the Family Planning Law is crucial to verify the violations of constitutional rights generated by the normative text, since the unconstitutionality of the rule that institutes the requirement of consent of spouse to perform the tubal ligation procedure, as well as the imposition of age and minimum number of children as a condition for the procedure. Such standardization directly impacts the woman's body, with regard to her freedom and autonomy. However, it is hoped to understand the power structures that dictate the molds of reproductive planning in Brazil, as well as how it is related to the history of the social issue of women, seeking the help of the principle of respect for autonomy in the theoretical framework of Feminist Bioethics. Still, it should be noted that gender issues influence the standardization of rules that limit women's decision-making power regarding procedures in their own bodies. Thus, it is expected to promote further reflections on the constitutional discussion proposed in ADI 5097 and ADI 5911, and demonstrate the necessary contribution of Feminist Bioethics to the debate.