Abortion and the relativization of the right to life: a comparative study of legal treatment in Brazil and Portugal

Abstract

The right to life is inserted as fundamental before the Brazilian and Portuguese legal order, however, it is not characterized as absolute. Thus, there are situations that place this right in question, as in the face of permissiveness in the termination of pregnancy. Thus, abortion is a controversial issue, because there is no unanimity of positions in this theme, whose legalization goes through transformations and depends on the understandings presented by the studied nations. From this, we find the following problem to be answered in the present article: before a comparative study in the protection of fundamental rights in Brazil and in Portugal, how does the treatment given to the legalization of abortion occur in the legal order of these two countries? For this, the methodology chosen was the inductive, bibliographic and documentary research, it based on the comparative study, the objective is to analyze the protection given to life in the legal system and verify the cases of permissibility of abortion; as well as analyzing the transformations that have occurred in the subject of the right to life and abortion in the Brazilian and Portuguese contexts. Therefore, it was concluded that the nations studied investigate the protection of life, however, in relation to the legalization of abortion, amd given the permissiveness exposed in the rules, Portugal presents with more highlight in relation to warranties of women´s rights.