RIGHT TO LIFE OF THE BIRTH VERSUS DECISION OF ABSTRACT IN JUDGMENT OF HC 124.306 / RJ

AN ANALYSIS FROM THE HIERARCHY OF FUNDAMENTAL RIGHTS

Abstract

This paper aims to address the violation of the fundamental right to life of the unborn child caused by votes cast by the First Panel of the Supreme Court - STF - at the time of the trial of HC 124.306 / RJ, which decriminalized abortion until the twelfth gestational week, in a concrete case, in the context of the hierarchization of fundamental rights. Initially, the fundamental right theme was addressed, with emphasis on the analysis of the right to life of the unborn child. Then, the grounds of the decision rendered in the judgment of HC 124.306 / RJ were analyzed. Subsequently, the priority position of the unborn child's right to life in relation to women's rights was addressed in the context of the hierarchy of fundamental rights, as a basis for guaranteeing the first and not the second, as decided by the STF in the decision analyzed. For the realization of this article we used the bibliographic and documentary research, we used the descriptive-analytical method, developed through theoretical research. In conclusion, the decision of the First Class of the Supreme Court, analyzed in this research, configures an affront to the fundamental right to the life of the unborn, of the highest hierarchy in the context of the recognition of the hierarchy of fundamental rights.