Asking “The Woman Question”: Judicial Recognition of the Right to Abortion in Brazil

The present article seeks to describe the abortion cases under review by the STF and seeks to defend a gender perspective in the court’s most important case, which is still under review and which discusses the unconstitutionality of the criminal code with respect to the crime of abortion. We will present the review of a case that discussed the possibility of therapeutic anticipation of delivery in the case of an anencephalic fetus and the lack of action by the Supreme Court regarding therapeutic anticipation of delivery for women diagnosed with Zika virus given the possibility of fetuses having microcephaly. It is argued that this case must be reviewed from a perspective that promotes equality and equal freedom for women. This focus highlights the importance of argumentation, of feminist interpretive methods and of the “woman question” as an important method for addressing the lack of neutrality of criminal legislation.