O conceito errôneo de morte como afronta à dignidade do anencéfalo.

Abstract

The present scientific research analyzes the anencephalie in according with the mistake interpretation of the definition of death and which the more adjusted form of if promoting the dignity of person with anencephalie. The inquiry had as base the following objectives: to approach indispensable questions to the understanding of the subject, as the analysis of the principle of the dignity of the human person, focusing its concept, species, legal nature and its applicability; to deal with the concept of the anencephalie and its peculiarities; to elucidate the promotion of the dignity of person with anencephalie in according with a mistake interpretation of the concept of death. The research was developed by means of the method dialetic, and the methods of procedure monographic. As techniques research was used the bibliographical and the exegese-legal. It's important mention the relevance of the chosen thematic, for excites quarrels controversies about the legalization or not of the abortion in the case of carrying embryo of anencephalie, for the understanding that the person with anencephalie is as one alive being, must have its right to a worthy and respected existence, therefore the dignity is constitutional principle that give direction for all the national legal system, as well is meets in the top of the hierarchy of the norms, possessing great amplitude in its application and molding it the concrete case, as form to assure to all the individuals the guardianship of the State to promote the protection of its fundamental rights.