Uma análise sobre o aborto legal no Uruguai e a possibilidade de diálogo entre ordenamentos jurídicos com vistas a efetividade de direitos.

Abstract

The present term paper questions the possibility of conducting a comparative study between the Brazilian and Uruguayan legal systems as a manner to give greater effectiveness to fundamental rights based on the experience of another legal system in its trajectory of decriminalizing abortion, using the method of transconstitutionalism proposed by Marcelo Neves to verify the possibility of using another perspective on the same constitutional problem. On this manner, this project aims to identify the political and legal trajectory of abortion, in addition to the speeches that motivated the decriminalization of abortion in Uruguay, as well as analyze the consequences of this decriminalization while identifying the reasons and consequences that underpinned the comparative study. The methodology to be used will be based on bibliographic and documental research that involves the theme and focuses on the process passed by each country regarding the subject. In the end, it intends to demonstrate the relevance of using comparative methods, more specifically the transconstitutionalism, to elucidate common constitutional problems between different legal orders such as abortion, proving feasible a comparative study on the subject between the two countries, especially when taking into account the Advisory Policy of Uruguay.