O direito ao planejamento familiar frente aos entraves no poder de escolha da mulher: uma análise acerca da esterilização voluntária

Abstract

There is a wide reflection about the advances of the figure of women in society since the 20th century, as well as their representation through the Civil Code of 1916, according to certain laws supported by the Federal Constitution of 1988, with a focus on the question of the power of women's choice regarding reproductive rights and the disposition of their own bodies, involving issues such as constitutional principles, fundamental rights, bioethics and law. In this area, it is necessary to discuss the right to family planning, constitutionally guaranteed, in view of the various difficulties encountered by many women when opting for voluntary sterilization, bringing a criticism regarding the contradictions existing between the law that regulates the right to family planning and what the Federal Constitution itself is about this theme. Thus, the unconstitutionality present in the Family Planning Law (Law No. 9,263 / 96), is still discussed, which explains the requirements for voluntary sterilization, directly affecting the rights of the woman's personality.