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This article defends STF's legitimacy to decriminalize consent abortion no later than the first trimester of pregnancy. Through documentary analysis and literature review, it becomes clear that democracy, beyond the majority rule, demands respect for the fundamental rights, despite against majorities. The protection of these rights rests with the Constitutional Court, which, by expressing public reasons rationally, represents society argumentatively. Because consent abortion characterizes women's fundamental right due to their dignity, the Constitutional Court must protect it, which results in the unconstitutionality of the legal provision that incriminates abortion, upon condition that it is performed in the first trimester of pregnancy.

ABORTO CONSENTIDO: DIREITO FUNDAMENTAL DA MULHER QUE DEVE SER TUTELADO PELO TRIBUNAL CONSTITUCIONAL ENQUANTO GARANTE DA DEMOCRACIA