Banca de DEFESA: Amanda Luize Nunes Santos

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Amanda Luize Nunes Santos
DATE: 30/01/2023
TIME: 18:00
LOCAL: https://teams.microsoft.com/l/meetup- join/19%3ameeting_ZGEwMzVhMWQtNDkxZC00NTUwLTlkZGEtZDhhZjM5OWY4
TITLE:

"Feminist strategic litigation for the right to legal abortion: discursive frames on debate in the Federal Supreme Court of Brazil".

KEY WORDS:

federal supreme court; strategic litigation; framing processes; abortion; feminisms.

PAGES: 130
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation aims to provide an empirical analysis of the frames supporting the right to abortion presented to the Brazilian Supreme Court by organizations and individual agents of civil society. Four constitutional   cases are analyzed: the ADPF 442, ADPFs 737, 989, and ADI 5581, which discuss the decriminalization of abortion in the first trimester, the fulfillment of the right to abortion in cases authorized by Brazilian law, and the permission of abortion after a diagnosis of Zika virus infection during pregnancy. Based on the concept of "constitutional culture" proposed by Reva Siegel and the conceptual architecture of the framing processes provided by the social movement’s theory, this research has focused on the cultural dimensions of constitutional change. In the quest for constitutional change, civil society actors face the challenge of  dialoguing with practices, discourses, and values shared by official actors and society. This is an important discussion so that the issue in question, such as women's ability to control their bodies, be seen as a social injustice.. The process of framing a constitutional issue is complex and contentious, especially when it involves a strong countermovement like the anti-choice movement. In order to achieve public trust, the pro-choice movements take into consideration the objections presented by the adversary group, such as moral and religious concerns about fetuses or women's social roles and, more recently, accusations that abortion poses   a risk to women's health and life. The analysis concludes that framing strategies utilized on the current  abortion constitutional debate originated from a diverse feminist network built over decades, the dialogue with political and legal opportunities and the intersectionality of health (with particular attention to social determinants), human rights, and scientific discourses. In addressing anti-choice's moral concerns, pro-choice movements, despite sometimes endorsing values such as family and motherhood, deconstruct prejudices around women who decide to have an abortion and propose comprehensive public policies that allow abortion to be a free and genuinely autonomous decision. The pro-choice arguments helps to democratize religious discourses, showing more egalitarian theological interpretations, and framing abortion as a reasonable ethical choice. In conclusion, this work considers the reproductive justice framework as the best way to aggregate pro-choice discourses presented to the court and signals to the importance of considering the two cases pending (ADPFs 442 and 989) judgment jointly in the future political action. Reproductive justice provides an analysis that considers the centrality of women's autonomy while demanding positive duties from the State on public health and the elimination of race, gender and class inequalities

BANKING MEMBERS:
Interna - 2458484 - DEBORA DINIZ RODRIGUES
Externa à Instituição - GABRIELA RONDON ROSSI LOUZADA - IDP
Presidente - 1904522 - JANAINA LIMA PENALVA DA SILVA
Externa à Instituição - TAINA AGUIAR JUNQUILHO - IDP