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O DISCURSO EM TORNO A IDEIA DE NASCITURO: VIDA E DIREITO INDIVIDUAL NA SOCIEDADE BRASILEIRA

by Jorge Wilton Da Silva Santos Junior and Debora Ribeiro

Posted: April 28, 2025
Server: SciELO Preprints
DOI: 10.1590/scielopreprints.11631

In this work, we propose to analyze Bill No. 434/2021, which “establishes the Statute of the Unborn Child, which provides for the full protection of the unborn child and makes other provisions” authored by federal deputy Chis Tonietto (PSL-RJ), which is currently being processed in the Federal Chamber of Deputies. The aim of this investigation is to raise questions and reflect on the notion of personhood based on this statute and on the taboo of abortion in Brazilian society, pointing out the absence of women in this legislative proposal and the influence of the morality that governs the Brazilian social structure. The hypothesis is that the personalization of the unborn child results in a notion of care for the family, in which, given the social markers of difference, the mother is in charge. In addition, the debate on legal delivery will be advanced and how, in Brazil, it still has problems for both the woman and the baby.

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