The (in) constitutionality of art. 10 of Law n. 9.263 / 96 in light of women's right of choice

Abstract

This article aims to examine the precepts of the Family Planning Law, contained in Law n. 12.263/96, which deals with voluntary sterilization in Brazil, based on the 1988 Constitution of the Federative Republic of Brazil. The fundamental rights granted by the Constitution, in particular the right to freedom, are the object of this study, since the requirements imposed by the Family Planning Law, go in the opposite way. In terms of Methodology, the deductive method is used, based on bibliographical research, relevant legislation, doctrine and scientific articles. In view of this, the question is: What is the possibility for the State to intervene, regarding people's family planning, imposing requirements to be met for the performance of procedures that concern the use of one's own body. In this sense, the general objective of this study is to analyze the divergences between Art. 226, §7 of the Federal Constitution of 1988 and Art. 10 of Law n. 12.263/96, regarding the State's intervention in the freedom of choice in family planning. The results that demonstrate that the Law diverges in certain points with the Constitution, thus becoming unconstitutional. It is observed that the study and development of the article demonstrates such a contribution to Brazilian society.