Voluntary female sterilization and the challenges of the free disposition of the body imposed Law 9.263/1996

the reflection from the Law 14.443/2022

Abstract

The subject of the present study is about voluntary sterilization present in Law 9.263 of 1996 and the current amendment of Law 14.443 of 2022, with requirements that make it difficult to make the choice, especially from the perspective of women who wish to do the sterilization. The requirements are the problematic points because they hurt the woman's freedom to decide about her sexual life and how to deal with it. After analyzing the requirements, it can be that they reflect the patriarchal and religious social construction that the woman, in addition to being a woman, is also an object of reproduction of the human species. Observing that until Law 14443/2022, the restrictions on adult women who wanted to sterilize themselves were diverse (age, spousal authorization, number of children, among others); most of them eliminated with the recently enacted Law, only the reduced age restriction or already having two children. To reach the scope of the work, the deductive approach was use, considering that it starts from the premise that any restriction imposed on voluntary sterilization offends the right of free disposal of one's own body. Finally, it is conclude that female achievements are slow, and that there are still restrictions on women's reproductive rights.