REPRODUCTIVE RIGHTS IN BRAZIL AND SPAIN

A COMPARATIVE PERSPECTIVE ON ABORTION

Abstract

The paper explores the issue of abortion in Brazil from a comparative perspective with Spain, considering the social, institutional, legal, and political differences. The study employs a qualitative approach and involves exploratory documentary research into the legislation, doctrine, and jurisprudence of both countries. Spain had two key regulatory moments: the decriminalization of certain cases in 1985 and broader regulation in 2010 that legalized voluntary abortion up to the 14th week. In Brazil, however, abortion is generally illegal, except in cases where the mother's life is at risk, in pregnancies resulting from rape, or in cases of fetal anencephaly (as established by ADPF 54). The analysis reveals how various discourses (legal, medical, and others) systematically justify violations of constitutional guarantees related to women's sexual and reproductive rights, autonomy, physical and mental integrity, and gender equality. The paper underscores the central role of the Supreme Court in Brazil's ongoing debate on the constitutionalization of abortion rights and the potential ripple effects in various social spheres. Despite the social and political differences between Brazil and Spain, the paper concludes that abortion as a social phenomenon can have significant, yet immeasurable, impacts on public health and individual women's lives due to the practical illegality of abortion in Brazil. Brazil's complex sociocultural context, along with the limited access to reliable data on abortion practices, hampers meaningful debate and complicates the formulation of effective public policies. Thus, the discussion around reproductive rights in Brazil remains challenging and highlights the need for a more open and informed approach.

Keywords: Reproductive Rights; Comparative Law; Abortion; Brazil; Spain.