STRUCTURAL RACISM AND THE CRIMINALISATION OF ABORTION IN BRAZIL

Sur: International Journal on Human Rights

Lívia Casseres¹ 

[1] Lívia Miranda Müller Drumond Casseres has a Master’s degree in Law from PUC-Rio. She did her undergraduate degree in Law at UERJ (2008). She has been a Public Defender in the State of Rio de Janeiro since 2012 and currently coordinates the Specialist Centre against Racial Inequality.;

关键词: abortion;    racism;    indirect discrimination;    unconstitutionality;   

DOI  :  

来源: DOAJ

【 摘 要 】

The reflections here expressed aim at further investigating the arguments presented by the Rio de Janeiro State Public Defender’s Office to the Federal Supreme Court, in the Claim of Breach of Fundamental Precept, number 442, in which the constitutionality of two types of crime are discussed: induced or consented abortion practiced by the pregnant woman and the consented abortion practiced by third parties, with the consent of the pregnant woman (articles 124 and 126 of the Brazilian Penal Code). This paper sustains that the criminalisation of abortion represents a death policy for black women. On this basis, the research defends that racism and the anti-racist dimension of the principle of equality are regarded as the central analytical keys to solving the constitutional controversy.

【 授权许可】

Unknown