O O direito à vida e a interrupção voluntária da gravidez em perspectiva comparada

uma análise crítica das principais decisões das cortes constitucionais da Bolívia e dos Estados Unidos

Abstract

This article analyzes the voluntary interruption of pregnancy from the perspective of New Latin-American Constitutionalism studies, exploring a case study on Plurinational Constitutional Sentence 0206/2014. For this purpose, an analysis on this constitutional model is made; the abortion debate is presented, investigating the Bolivian and American precedents. Finally, a critical review on the decisions is formulated, highlighting its relevant and controversial points. The main result of this research is that Bolivia’s critical and social constitucionalism produced an essentially conservative decision, more than United States’ liberal paradigm. Given the contradictions and paradoxes between both models of constitutionalism and the ways from which voluntary interruption of pregnancy has been decided, theories and constitutional designs are no more than means, not ends in themselves and does not protect, in practical reality, minorities from the abuse of majorities. This is a lesson that does not imply in discouragement or hopelessness, but in a permanent challenge: to fight for the effectiveness of rights and guarantees wherever and however it may be, learning from each victory and defeat along the way.