A necessidade de autorização do cônjuge para a realização da cirurgia de laqueadura e as suas repercussões sociais e jurídicas

Abstract

The need for spousal consent for sterilization surgery in Brazil is a very relevant issue, with innumerous social and legal ramifications. The evolution to contemporaneity brought with it the perception of the guarantee of fundamental rights, which were - and still are - conquered with much struggle and claims. This evolution can be observed in an intense way, especially for women, who have been gaining more and more space in the guarantee of their rights, since the Federal Constitution of 1924, where only men were considered citizens, but much still needs to be done for them to achieve total equality in relation to men. In this line of thought, it is necessary to analyze how the legal provision of article 10, §5º of Law 9.263/96 infringes the effective application of women's fundamental rights, as well as the intervention it generates in everyone's family planning, since we must have total freedom to ensure individual dignity in these areas of our lives, without state intervention, in order to examine the legal and social repercussions of the theme in question. To this end, this article will use historical and statistical methods as a method of procedure, since the proposed theme will be widely discussed through the analysis of texts, legal documents, and social statistics. Moreover, the quantitative and exploratory approaches will be employed in order to verify the social and legal developments related to the legal forecasts of women's fundamental rights and their repercussion in the light of the Brazilian Family Planning Law.