Interrupção da gravidez nos casos de anencefalia: crime ou inexigibilidade de conduta diversa?

Abstract

ABSTRACT In the current days, the question of the legalization of the abortion in the embryo cases anencephaly has been argued of vehement form. However, our native criminal legislation only considers as exculpatory of the illegality who practises the abortion in the cases where the pregnancy results of rape, or when it puts at risk to the health of the pregnant woman. The anencephaly is a congenital and irreversible, decurrent harm-formation of a defect of the closing of the neural pipe during the gestation; the carrying embryo of this anomaly does not present any possibility of the perpetuation of its existence. With this, generally the pregnant presents complications in its health, mainly related to the psychological health, a time that is not easy to load obtains a son without any viability of survival. Of this form, it has the received pregnant medical orientation to carry through the withdrawal of the embryo anencephaly, for being this only considered procedure the half viable one to solve this problem. However, our legislation not yet authorized the abortion in these cases, even so such omission wounds the principles of the dignity of the person human being, legality, freedom, autonomy of the will and the right to the health of the pregnant, beyond generating legal unreliability. Thus, the general objective of this work is to analyze the legal and social aspects of the abortion with the medical inquire of the anomaly, aiming at to the legalization of practical its in the cases where the embryo possess this harm-formation, and having itself in sight also that he is present the legitimate interest of the pregnant. The specific objectives are to identify' the aspects historical and legal of the abortion crime; to sketch informative data regarding the causes and effect of the anencephaly; e to analyze if the abortion in anencephaly case constitute criminal behavior or if, in the truth, it will be ahead of an extraordinary situation that makes of the abortion a straight and rigid line behavior (no demand of diverse behavior). For in such a way, the methods legal exegetic, deductive evoluticion-descripcion will be used and, adjusted to the development of the present research, that approaches thematic a current one, argued and that it generates intense debate in legal scope.