Reproductive rights – advances of the agenda in times of constitutional and democratic instability

Abstract

The present article aims to initially and broadly approach the judicialization of politics in the current times. For this purpose, it is essential to contextualize such phenomenon in a setting of democratic and institutional instability on a global scale. Developments in the women’s rights agenda by judicial means, especially reproductive rights, are thus investigated and weighed against long-standing political and social setbacks inherent to the democratic system. In this respect, both the Brazilian case and the backlash caused by Roe v. Wade are examined. The specific goal of such an analysis is to explore ways to provide access to fundamental rights in a strategic manner that is also committed to democracy as a system in which debate and inclusion are favored and varied figures should be perceived as part of a large political concatenation.