O aborto do feto anencéfalo à luz do STF.

Abstract

The topic of legalization of abortion of an anencephalic fetus being debated in the strongest terms today. However, the criminal law country permits abortion in only two circumstances willing to follow: when the pregnancy results from violent acts, rape, and in cases where the pregnancy endangers the health of the pregnant woman. Anencephaly is said of a congenital malformation and irreversible, resulting from poor neural tube, where a fetus suffers from such abnormality becomes potentially viable for life outside the womb. The fetus when it is born has merely vegetative functions, does not feel pain, emotion, hence regarded as stillborn. This time, the woman usually presents complications in his health, mainly related to their psychological health, and is notable disturbance, since it is obliged to carry with one being sentenced to death. Thus, women have been guided by their doctors to carry out the removal of the fetus afflicted with anencephaly, because this is the only solution to this problem. However the Brazilian standard did not legalize abortion in such cases, thus injuring principles such as: the dignity o f the human person, freedom, legality, freedom of choice and right to health of pregnant women. Thus, the aim of this study is to analyze the abortion of anencephalic fetus under the legal and social aspects, aiming to legalize this conduct, from the medical findings of deformity, as well as the existing authorization of the mother. The specific objectives are to identify the historical and legal aspects of the crime of abortion, as well as dashed informative data about the anencephaly, including its effects, consider how the legalization of abortion anencephaly, i f this is a crime or enforceability of diverse behavior. For both methods are used legal-exegetical, historical, evolutionary and deductive, suitable for the development of research literature and documents that support this work.