Abortion as a constitutional right

Abstract

The women’s right to terminate an unwanted pregnancy, starting in the recognition of the constitutional principle of human dignity supremacy, which assures the pregnant woman the happiness pursuit, is the central theme of this work. Starting from the typicality of conduct forecast in the Penal Code, with the expressed hypotheses remove their illegality, the study broaches the jurisprudential and doctrinal evolution, notably under the constitutional approach, that in certain situations has extended the list of legal possibilities for pregnancy termination. In this vein, the study concludes that the modern constitutional exegesis does not consider women as mere instruments whose goal, when pregnant, is taking care of the unborn child mandatorily.