Elementary axiological basis for democratic culture: an analysis of constitutional amendment bill (PEC) nº. 164/2012 and bill (PL) nº 1.920/2024 through the myth of antigone

Resumo

There are two bills pending in the Federal Legislature that have an impact on women's rights: Proposed Constitutional Amendment (PEC) No. 164, of May 2, 2012, which proposes amending Article 5 of the Federal Constitution to guarantee the inviolability of the right to life from conception, and Bill No. 1,920, of May 20, 2024, which amends Article 128 of the Penal Code by providing for severe punishment for abortions performed after the 22nd week of gestation. In order to delimit the appropriate argumentative basis for the debate on the limits to the interruption of pregnancy, which is entangled by religious and private moral motivations, the tradition of Western thought that contrasts the body with reason, through the domination of the former by the latter, is addressed. To this end, through deductive research and a bibliographical approach, the myth of Antigone is analyzed in contrast to Platonic philosophy. Moving forward in the historical socioeconomic consequences of the dichotomous discourse between body and soul, we conclude that this narrative is incompatible with contemporary theories of democracy, which bring as a structural foundation to democratic societies the equal relevance of all before the State, plurality, mutual respect, and reciprocity.