Aborto de anencefálico no direito brasileiro: uma incisão da política jurídica

Abstract

Whether or not to abort anencephalic fetuses is, certainly, the primary and central theme of this dissertation, since medical experts and even jurists agree that the life of an anencephalic infant is brief once it enters the physical world, and the proposal that life can and should continue, in these cases, is mainly restricted to psychologists and religious advocates. The opening chapter deals with the fundamental constitutional rights of fetuses with this condition, including the historical precedents for its basis, sometimes indicating positively, sometimes negatively, the possibilities decriminalized abortion. The second chapter addresses the purely legal question, with the aim of demonstrating, in the infraconstitutional law, the guidelines for a decision that is at least satisfactory in regard to this important issue. Finally the third chapter demonstrates issues relating to abortion of the anencephalic fetus through an analysis of the Argüição de Descumprimento de Preceito Fundamental de número 54 [claim of breach of fundamental precept of number 54] - ADPF 54, verifying the votes of the ministers of the Supreme Court who considered the possibility of decriminalizing abortions in these cases. The final report was written based on inductive logic