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The Abortion Constitutional Controversy in Brazil: A New Interaction between the Social Movement and the Supreme Court

Abstract

This article analyzes the social origin of the constitutional controversy of abortion in the Supreme Federal Court of Brazil, as well as the connection of the STF with the social demand during its decision-making process as well as in its jurisprudence in this field. It studies the social construction of the legal demands that in 2004 converted the STF in the first constitutional court in Latin America to process a feminist constitutional demand on liberalization of the abortion law, and that in 2017 made it the first constitutional court in the region to request legalization of abortion in the first trimester, and analyzes how the STF implemented new forms of interaction with civil society, and how its jurisprudence is incorporated the framing developed by the plaintiffs.

Keywords:
Strategic Litigation; Legal Mobilization; Reproductive Rights; Abortion; Constitutional Court; Brazil

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