REPRODUCTIVE JUSTICE IN BRAZIL: CONSTITUTIONAL DEMANDS IN TIMES OF PUBLIC HEALTH CRISES
Reproductive justice; needs; constitutionalism; public health; crisis
In the Americas, Brazil was the only country to be the epicenter of two global public health crises that disproportionally impacted women and girls of reproductive age. This dissertation draws on feminist theories in law and Black feminism to pose questions about the present time and analyze in what context women were victims of these crises, what disputes were made in describing their needs and how demands for the right to health were presented by constitutional actions and responded to by the Supreme Federal Court (STF). This archival research, which includes the period of the Zika epidemic and delves into the Covid-19 pandemic, focuses on three interconnected axes of analysis. The first describes the framing of the petitions on health needs presented to the STF during the first eighteen months of the pandemic, describing how the strategies were linked to the political legal concept of reproductive justice. The second presents how the movements used scientific evidence and arguments when petitioning the STF to build a method for substantive equality demands. The third problematizes the timing and content of the response, analyzing the Court's own actions during the Covid-19 pandemic, comparing the decision-making process in the main sexual and reproductive health action (ADPF 846, requesting the resumption of vaccination for pregnant women) and in others in the field of the right to health demanded in times of crisis. I argue that the elements for the definition, by the highest judicial authority, of what are urgent health needs during public health emergencies have been biased by regimes of inequality. Regimes that affect women's bodies in experiences of biological and social reproduction during certain historical times, as both constitutional demands focused on in this thesis (ADI 5581 and ADPF 846) exemplify. The research findings are relevant for outlining appropriate political and legal frameworks for protecting the right to health, especially sexual and reproductive health, during crises, as well as for constitutionally relevant issues in which concepts such as social justice and reproductive justice meet.