Ativismo judicial e a ADPF 442: uma análise da intervenção do Supremo Tribunal Federal na descriminalização do aborto no Brasil

Abstract

This study aims to analyze the actions of the Federal Supreme Court (STF) in the Claim of Non-Compliance with a Fundamental Precept (ADPF) 442, which deals with the decriminalization of abortion in Brazil up to the 12th week of gestation. The main purpose is to evaluate how the phenomenon of judicial activism can influence the legal-constitutional analysis of a highly sensitive and controversial issue such as the decriminalization of abortion. Throughout the research, the main legal and social arguments presented during the judgment of ADPF 442 will be analyzed, in addition to exploring the role of the STF in the protection of fundamental rights, as its primary function as “guardian of the Constitution”. Thus, the study aims to evaluate whether the intervention of the STF in ADPF 442 constitutes a legitimate action, which reaffirms the role of the Judiciary in the protection of fundamental rights, or whether, on the contrary, it represents a risk to the Democratic Rule of Law