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Cuestiones constitucionales
versão impressa ISSN 1405-9193
Resumo
GOMEZ, Verónica M.. Is the alliance between legal abortion and federalism possible?. Cuest. Const. [online]. 2021, n.44, pp.155-177. Epub 21-Jan-2022. ISSN 1405-9193. https://doi.org/10.22201/iij.24484881e.2021.44.16162.
The Argentine Senate’s rejection of the legal, safe, and free abortion project that, in 2018, ended up in the archive of the initiative previously approved by the Chamber of Deputies, encouraged critical views towards the counter-majority composition of that body, characteristic of the federal system of that country.
Based on different sources, this work relativizes the impact of the Senate’s particularities in such outcome and problematizes the oversizing of the causes linked to the institutional design by understanding that it relegates the investigation of the ideological, legal, religious, and scientific arguments that sustained the criminalization of abortion, the actors behind that position and their ability to exert their influence on multiple spheres of power, without territorial limitations.
Finally, it considers counterproductive to focus the analysis on those aspects of federalism and ignore other facets that can contribute to advancing in the struggle of the feminist movement for the legal interruption of pregnancy.
Palavras-chave : federalism; senate; abortion; gende.