A EQUIDADE DA PROTEÇÃO ESTATAL AO FETO A TERMO NO CONTEXTO DOS CRIMES CONTRA A VIDA

Abstract

a lot is discussed about abortion crime decriminalization, be in the center of ordinary groups or among those who are knowledge wealthy, including legal comprehension. Examining the State equity through the laws, dispenses the crime material object that has life as a legal asset, proves to be important and current, despite of his historical presence on civilization. This is because the material object directly influences the secondary precept determination of crimes against life, which implies the subject investigating seeking to clarify tutelary divergences incompatible with constitutional and international rights. However, is investigated the State protection to the term fetus within the limits of the repressive document, analyzing a strong theoretical production in bibliography, jurisprudence and legislation, comparing and conceptualizing some premises with objective of pragmatically ending the state idiosyncrasy regarding the human being right to life, when it is imminent his coming to the pulmonary world, implying a ‘’cooling’’ penalization of the abortion crime. Although was demonstrated there is a discrepancy in the sanction State´s quantum dedicated to those who kill a human being, with topographical different allocation and primary precepts and same legal protected asset, aiming on disproportionality of penalty imposed on similar practices conducts.

Keyword: term fetus. Life rights. Abortion. Equity. Penalty.