Body and power: a look at abortion under a Human Rights and Democracy perspective aims to talk about the abortion phenomenon and its criminalization from the Law point of view under influence of the democratic Government and the political development of sexual and reproducing rights as human rights. This task is an extremely hard one due to the controversial character of this matter in the Brazilian Contemporary Society. In this study (which uses elements from different areas, such as: Law, Sociology, Political Science, and Criminology), we analyze the theme under a female perspective. We want to point out that the permanent practice of abortion as a criminal act is not a life protection matter, but a political issue tangled with the political game among determined social actors. By not recognizing women´s rights upon their body, sexuality and reproduction, the Government is violating women´s Human Rights. The criminalization of such practice is selective because most of the women involved with Criminal Justice System come from poor and marginal segments of society. The judgment of this act is also ineffective due to the insignificant number of lawsuits against abortion practices if compared to the high estimate of practiced abortions. We conclude that there is no relation between criminalization and the number of abortions and also, under Human Rights, Democracy and Citizenship perspective, it is necessary that this practice become legal as a way to recognize female as a moral individual of rights.