Collision Between Human Rights And Fundamental Guarantees: Legal Abortion Versus Objection Of Medical Conscience

Abstract

This work aimed to analyze the collision between the fundamental rights and guarantees that safeguard the right to legal abortion and the objection of medical conscience, and to present its effects in the legal and social sphere. A study was presented on the emergence of fundamental guarantee rights, with emphasis on the right to health and freedoms of conscience and belief, which legitimize the right to legal abortion and the objection of medical conscience. The methodology adopted was hypothetical-deductive. The argument aimed to demonstrate the relevance of these rights in the daily lives of the holders, and the negative impacts that the collision between fundamental rights and guarantees can entail. It also sought to analyze how the collision has been treated in the social and legal environment, showing that, even though there is no hierarchy between them, social positioning has been mainly committed to preserving only the right of one of the sides involved. With all the above, it was evidenced that the subject should be more often discussed in order to achieve effective measures that meet both sides.