ANALYSIS OF THE CONFLICT BETWEEN THE BIOLOGICAL TRUTH AND THE PREGNANT WOMAN'S RIGHT TO AN ANONYMOUS DELIVERY
Anonymous childbirth is a practice that allows women not to have illegal abortions, of children who do not want or cannot assume motherhood, and thus give birth without revealing their identity. The research is dedicated to the following problem: in the Brazilian legal system, between the biological...
| Autores: | , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2023 |
| País: | Brasil |
| Institución: | Publicação independente |
| Repositorio: | Scientia Generalis |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs2.scientiageneralis.com.br:article/485 |
| Acceso en línea: | https://scientiageneralis.com.br/index.php/SG/article/view/485 |
| Access Level: | acceso abierto |
| Palabra clave: | Parto anônimo Verdade biológica Mulher gestante Maternidade Anonymous childbirth Biological truth Pregnant woman Maternity Parto anónimo Verdad biológica Mujer embarazada Maternidad |
| Sumario: | Anonymous childbirth is a practice that allows women not to have illegal abortions, of children who do not want or cannot assume motherhood, and thus give birth without revealing their identity. The research is dedicated to the following problem: in the Brazilian legal system, between the biological truth and the pregnant woman's right to anonymous childbirth, which right prevails? In this way, the objective of this work is to analyze, in the Brazilian legal system, the conflict between the biological truth and the pregnant woman's right to anonymous childbirth. To achieve this objective, regarding the methodology used, the research is a normative-legal research, developed by the historical scientific method, in a bibliographical research; a systematic study was carried out, based on what has already been written on the subject in academic texts in a qualitative approach, in primary and secondary sources, applying the inductive and deductive method. The analysis of the researched documents was through the Theory of Content Analysis, used for the treatment of the collected data. The research initially analyzes the right to biological truth in confrontation with the right to freedom of pregnant women in anonymous childbirth. Then, it analyzes the bills that tried to institutionalize anonymous childbirth in the Brazilian legal system, following an approach to the legal aspects of anonymous childbirth in Brazil. From the legal normative research carried out, it appears that the most protected way to allow a decision free of any coercion, without harming the biological truth, is to provide assistance and information to make women more aware of the importance of contraceptive methods, in addition to facilitate access to these methods, with the aim of avoiding unplanned pregnancies, since the legislation guarantees biological truth to the detriment of anonymous childbirth. |
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