ABORTO: QUÉ DICEN LOS CÓDIGOS, QUÉ SE PROTEGE Y POR QUÉ (UNA MIRADA QUE ASOMA DESDE LA POLÍTICA CRIMINAL)

Mendoza

Congreso; XVIII CONGRESO NACIONAL y VIII LATINOAMERICANO DE SOCIOLOGÍA JURÍDICA; 2017

SOCIEDAD ARGENTINA DE SOCIOLOGÍA JURÍDICA

The issues related to the beginning and end of life, the concepts given by criminal dogmatics in relation to the protected legal good of abortion crime: LIFE. We will specifically inquire how dependent human life is important for its protection within our codes of substance (Penal Code and Civil and Commercial Code of the Nation). We seek to find the answer to the need to criminalize abortion within the criminal doctrine, knowing that the regulation of crime is a problem especially related to the criminal policy that assumes the state and consequently related to the constitutional and supranational principles that discipline in the exercise of punitive power. The question that we will try to answer is if the state intervention in the relation to the problem of abortion justified, and to what extent is this intervention justified and how should it be done? Can this intervention lead to criminal punishment? Matter of criminal or sanitary policy? Can the absolute decriminalization of the crime of abortion be justified, bearing in mind the serious consequences for women of leading an unwanted pregnancy? We will try to think how the state response to these circumstances can be, and from that, to know if it can be described as reasonable.