Descriminalização da antecipação do parto nos casos em que o feto é portador de anencefalia.

Abstract

Theme in the debate, be liable to punishment or not the anticipation of duck from anencephalic fetus. Meanwhile our criminal law only considers currently exclusive of illegality, the cases of abortion that is the result of rape or when the pregnancy endangers a woman's health. As the anencephaly a congenital evil that causes the closing of the neural tube during pregnancy, this anomaly neutralizes any possibility of life for the holder. In addition to causing a major threat to the health of the pregnant woman can cause physical diseases such as hypertension and psychological because it can not be sure that no one wants amamenta it as both dream, but soon after birth, it is reaching birth , Bury it. The medical advice, however is the removal of the fetus to better quality of life of the pregnant woman. But our legislation does not authorize the removal of the fetus with this type of anomaly, even injuring the principles of human dignity, legality, freedom, freedom of choice and the right to health of the pregnant woman. This study aims to examine the general legal and social anticipation of the birth of the bearer of anencephalic fetus, with absolute certainty that the fault on the part of a medical. And as specific objectives and analyzing historical data in relation to legal abortion and inform causes and effects of anencephaly, emphasizing the psychological effects suffered by pregnant women, and finally defend the anticipation of childbirth by pregnant anencefalia bearer of a fetus covered up by the characteristics of this state the need for a cause for exclusion from antijuridicidade. We used the methods exegetic-legal, historical evolution and deductive. Essential for the proper development of this search, which refers to a current topic and that is being discussed by various bodies.