ABORDAGEM JURÍDICA DO ABORTO EM CASOS DE ESTUPRO BILATERAL DE VULNERÁVEIS: CONFLITOS DE VONTADE E SOLUÇÕES JURÍDICAS

The debate on cases of bilateral vulnerable rape sparks legal, ethical, and moral discussions in several countries, especially when resulting in pregnancy, complicating the scenario. In Brazil, this debate gains prominence, considering the Penal Code and its provisions on vulnerable rape. In this context, the present study aims to understand the legal approach to abortion in cases of bilateral vulnerable rape, evaluating possible conflicts and solutions. Data from the Brazilian Public Security Yearbook of 2023 reveal a alarming increase in reports of rape and vulnerable rape, indicating the urgency to broaden the legal debate on the topic. The article proposes a qualitative analysis, combining literature review with elements of Brazilian jurisprudence to achieve its objectives. Guiding questions include the legal approach to abortion, the responsibility of the involved adolescents, and the influence of guardians in the decision to abort. In the first section, legal and social issues related to the protection of individuals under 14 years old are analyzed, including the legal framework of bilateral vulnerable rape and considerations on the age of consent. Subsequent subsections thoroughly explore the legal framework of bilateral vulnerable rape, the vulnerability of these individuals from the perspective of legal order, and considerations on the age of consent. In the second section, the focus shifts to teenage pregnancy, providing brief notes on fundamental rights of the pregnant minor, specific cases, panoramas of pregnancy and abortion of vulnerable mothers in Brazil, and perspectives on solutions and reconciliations. Finally, the study aims to answer the proposed questions and achieve its objectives, contributing to a broader and more informed debate on the topic.