A legalização do direito da mulher interromper a gestação de feto portador de ancefalia.

Abstract

The laws do not arise from nothing. As is done for the good of the community, this same community is the need to create them. The legalization of abortion in cases of fetal anencephaly has made much controversy, mainly because it is under discussion, on the one hand, the permanence of pregnancy to ensure the right to life of the fetus and on the other, the interruption of pregnancy to ensure, basically, the right to health and dignity of women. The anencephaly is a congenital malformation irreversible, which makes the fetus viable extrauterine life. Besides, i f it comes to the birth occurs, the fetus does not present any sign of vitality, since it does not interact with the outside world, for being absent the senses. Moreover, the pregnant woman carrying anencephalic fetus presents clinical considerable in view of the occurrence, as evidenced in physical and, especially, psychological, from this pregnancy, for the total viability of the fetus and degradation of the health of pregnant women. The doctors, watching exhausted all the scientific possibilities, have driven the pregnant or the couple to interrupt the pregnancy of anencephalic fetus, the decision to be more sensible and healthy, however, the Brazilian criminal law only provides for the possibility of abortion in two cases: occurs when proven risk of death for pregnant and when pregnancy is the result of rape. Considering this fact, the pregnant, decided not to carry this pregnancy to term, seeking a solution to the conflict, using the only existing legal remedy, that is, judicial authorization, which, in turn, not always meet the desires of those who search for, at the absence of law, depend on subjective interpretations of the operators of the law. Moreover, such decisions are punctual and do not bring a definitive solution to the problem, in contrast, creates legal uncertainty. Moreover, the denial of such interruption of pregnancy, denies the pregnancy, be given full capacity, the right to health, freedom, freedom of choice and, above all, the right to their dignity. Therefore, this study aims to examine the general socio-legal aspects of abortion in cases of pregnancy the fetus bearer of anencephaly, seeking from the medical findings and permit free and conscious of pregnant women, the legalization of this practice, and goals specific, identifying the historical and legal aspects of abortion, draw an outline of information about anencephaly, including as to the effects caused to pregnant women, to evaluate the question of the possible legalization of abortion in cases of individuals with fetal anencephaly. Thus, the methods will be used exegetic-legal and historical-evolutionary, as appropriate to develop a literature search and document to support this work completion of course.