2023-09-062023-09-062023-08-22MENDES NETO, Lorhanne Claudine. Inconstitucionalidade da ADPF 442: ativismo judicial e a descriminalização do aborto até a 12ª semana de gravidez. 2023. 25 f. Trabalho de Conclusão de Curso (Bacharelado em Direito) – Faculdade de Direito, Universidade Federal de Goiás, Goiânia, 2023.http://repositorio.bc.ufg.br/handle/ri/23587The objective of this article is to analyze the possibility of granting the request conveyed in the Argumentation of Non-compliance with Fundamental Precept 442, considering the limits of the constitutional jurisdiction exercised by the Brazilian Supreme Court in a Democratic State of Law. First, it is questioned whether the Federal Supreme Court, in the event of admitting the performance of abortion until the third month of pregnancy, will be acting as a positive legislator, or judging the case in accordance with constitutional norms. Then, as it is a difficult case, Ronald Dworkin's proposal will be examined to solve the so-called hard cases. The theme, widely controversial in the public debate, relates to the beginning and end of life, and its premature interruption. Based on the foregoing, the thesis is defended that the decriminalization of abortion up to the 12th week of pregnancy is not appropriate in the path of concentrated constitutionality control, as it constitutes a deliberation reserved for the constitutional competences, institutional capacities and democratic legitimacy of the Legislative Power. Therefore, the request submitted to the Supreme Court, in order to be accepted, requires the exercise of legislative functions that were not conferred on the Judiciary, which is, by nature, limited, not authorizing the reformulation of the Constitution with the scope that has been lending it.porAcesso AbertoControle de constitucionalidadeAbortoADPF 44212ª semana de gravidezAtivismo judicialCasos difíceisConstitutionality controlAbortion12th week of pregnancyJudicial activismHard casesTCC