The legalization of abortion from the civil constitutionalized perspective

Abstract

The debate on the legalization of abortion involves, from the strictly legal aspect, several facets; One of them is the civil law that in the current context implies, in itself, referring to a constitutionalized civil law (Articles 1 and 2 of the Civil and Commercial Code). In this framework, it is essential to carry out several distinctions in order to avoid falling into wrong statements from this prism as being, differentiate between: 1) embryo and person; 2) life and person; 3) conception in a broad sense. What is the incidence of the case Artavia Murillo against Costa Rica of 12/28/2012 in the national legal regime? How does the principle of graduality play? These are some of the questions that must be answered. In short, it aims to demonstrate how the Civil and Commercial Code in force since 08/01/2015, is a legal text that accompanies, promotes and reinforces the legalization of abortion. For this, it is necessary to highlight and deepen certain notions such as: prevention (Article 1710), vulnerability (Article 706), interaction with social rights (Articles 595 and 607), especially the right to health (articles 55 to 60); crossed by being a code of freedom, with a strong weight of the autonomy of the will.