“Social Reproductive Justice”: Substantive Equality in the Brazilian Federal Supreme Court’s Ruling on Abortion Decriminalization (ADPF 442)

Abstract This paper seeks to highlight the contributions of Black feminist thought in challenging gendered and racialized discrimination, with a focus on the criminalization of abortion. It examines the significance of the 2023 Brazilian Federal Supreme Court’s ruling in the Claim of Non-Compliance with a Fundamental Precept No. 442 (ADPF 442), which contested the criminalization of abortion. Specifically, it analyzes how the ruling not only presents an intersectional approach to reproductive needs but also challenges the individualist paradigm of rights, proposing a framework that guarantees both reproductive freedom and access to health. By drawing on Black feminist theory and praxis, and conducting a case study analysis, this paper underscores the historical and ongoing contributions of activists and academics in advancing legal frameworks, such as reproductive justice, and critically transforming rights discourses and policies.