A constitucionalidade do parto anônimo no ordenamento jurídico Brasileiro.

Abstract

The abandonment of newborn infants in undignified and subhuman conditions has been a serious problem faced by Brazilian society. Currently, the clandestinity of this abandonment, besides exposing the infant to suffering situations, most of the times, may cause their death. Before this reality, the institute of the anonymous childbirth arises, aiming to solve the problem of the clandestine abandonment and thus reduce the most diverse forms of violations to these infants’ rights. Thus, the present monographic work aims to analyze the constitutionality of the anonymous childbirth and the possibility of the implementation of this institute in the Brazilian legal ordering. For that, we seek to investigate the historical origin of the anonymous childbirth, so that we can understand the necessity of this institute nowadays, exposing yet the efficiency and the benefits due to the utilization of this institute in the countries where it is legalized. In the opportunity, it will be conducted an analysis of the institute in face of the principles and fundamental rights assured by the Carta Magna (Constitution), highlighting the possible collisions that may arise in the concrete case among these rights, approaching, yet, the bills which intended the institutionalization of the anonymous childbirth in Brazil, as well as the doctrinal arguments for and against the theme. For the execution of the goals cited, it will be utilized the deductive method of approach, leaving from the analysis of doctrinal understandings relevant about the studied subject. Regarding the methods of procedure, it will be applied the historical method, in face of the importance of analyzing the historical origin of the anonymous childbirth and the comparative method so that the efficiency of the institute is analyzed in comment in comparative law. Concerning the research technique, it is highlighted that there will be a predominance of the indirect documentation, based on the bibliographical research, making use of legal magazines, articles, legislation, besides the enshrined doctrines of Civil Law and Constitutional Law. Along the present study, it is verified that the institute of the anonymous childbirth is considered constitutional for being in harmony with the dispositions of the Carta Magna (Constitution), safeguarding objectively and efficiently the rights and fundamental principles assured to the newborn and the genitor. Being fully viable its institutionalization in the Brazilian legal ordering, because in spite of meeting diverse constitutional rights and principles, it is an effective measure, capable of solving the problem of the clandestine abandonment, being, therefore, of benefit for the entire society.