Abstract

LEAL, Saul Tourinho  and  BRITTO, Nara Pinheiro Reis Ayres de. THE BRAZILIAN FAMILY PLANNING ACT AND THE PERSPECTIVE OF WOMEN DIGNITY. Revista Internacional CONSINTER de Direito [online]. 2020, n.10, pp.277-292.  Epub June 30, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00010.13.

The article 226, paragraph 7º of Brazilian Constitution says: “Based on the principles of human dignity and responsible parenthood, family planning is a free choice of the couple, it being within the competence of the State to provide educational and scientific resources for the exercise of this right, any coercion by official or private agencies being forbidden.” Regulating the device above, the National Law n. 9.263, promulgated in 1996, allows, according to article 10 subsection I, voluntary sterilization only in the following situations: “I - in men and women with full civil capacity and older than 25 years or, at least, with two living children, provided a minimum period of 60 days between the manifestation of intent and the surgical act, during which time it will be provided to the concerned person access to fertility regulation services, including multidisciplinary team counseling, in order to discourage early sterilization”. The 5º paragraph of the same device says: “In a common-law marriage, sterilization depends on express consent of both spouses”.

Keywords : Family Planning Act; Constitutional Law; Women Dignity.

        · abstract in Portuguese     · text in Portuguese     · Portuguese ( pdf )