A inconstitucionalidade do art. 10, §5º, da Lei nº 9.263/96: uma análise do consentimento do cônjuge como requisito para a esterilização voluntária

Abstract

The present monograph sought to analyze the constitutionality of the requirement of spouse's consent for performing a voluntary sterilization procedure as established in art. 10, §5o, of Law no 9.263/96. Thus, an analysis of the change in the family profile in Brazil was carried out, highlighting the eudemonist model encompassed by the Brazilian Federal Constitution of 1988. It was also analyzed the affirmation process of sexual and reproductive rights and their influence on the establishment of family planning as a constitutionally provided right. Afterwards, the relationship between sexual and reproductive rights, family planning and the rights and guarantees contained in the Brazilian Constitution was investigated. Moreover, it was discussed the gender issues relevant to the discussion of spouse's consent requirement for performing a voluntary sterilization procedure, considering the differences imposed on men and women in the dynamics of generation and care for the offspring. Finally, the procedures for the two Direct Actions of Unconstitutionality that impugn the provisions of the Family Planning Law were examined, as well as the bills in process in the National Congress that deal with the subject.