Resumo

ADRIASOLA, Gabriel. Aborto: posibilidad de un consenso social. Rev. Méd. Urug. [online]. 2006, vol.22, n.1, pp.6-16. ISSN 0303-3295.

Summary Background. Abortion as a non penalized operation was discussed in Uruguay in the previous Parliament and seems to become part of the current agenda. The debate has focused on the ‘solution of terms’, a regulatory system that supports a free option to interrupt pregnancy within 12 weeks of gestation. In this context Uruguayan society and judicial opinion were involved in a partial discussion, limited to the evaluation of the ‘solution of terms’, dismissing other approaches. Objectives. To propose a social and legal approach of pregnancies under risk conditions able to solve the dichotomy between penalized-not penalized abortion system. Conclusions. Abortion legislation in the Uruguayan penal code is inefficient to deal with abortion under risk conditions because it is addressed to jury, not considering a medical area. At the same time, term-solution basis project is opposed to Uruguayan Constitution and Human Rights Interamerican Convention considerations on embryo dignity. A sanitary legislation replacing penal legislation, that allows pregnancy interruption according to a State regulation but maintaining abortion as an offence could be a third option.

Palavras-chave : ABORTO INDUCIDO [legislación y jurisprudencia].

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