Parto anônimo e a dignidade da pessoa humana.

Abstract

The institute of the anonymous parturition aims at decreasing the abandonment of newborns in Brazil, or of abortive practices, through the delivering of the child to the State, still in the facilities of the hospitals, without the need of identifying their parents. The research about the theme entered into discussion in Brazil after the presentation of three projects of rules of law in the National Congress which, so far, have been kept inside drawers. The reality of the child abandonment in Brazil has shown to be and important scenario. It is widely known that with the time the rights of the children were recognized, the full protection was assured to them as well as other indispensable rights to a dignified life. The transformation of the concept of family adopted the affection as a base element, being assured to the child an affective familiar environment. It turns out that, even with adoption being a method of putting the child in a substitute family, high-lighted is the fact that it has not been eradicated the problem of poor and degraded abandonment of newborns. For such reasons the institute of the anonymous parturition has gotten space in Brazil, having as base principles those inherent to the species, such as the principle of the right to life and the principle of the human dignity. That is how arises the concept of anonymous parturition, through which the mother will be able to give her son shortly after his birth, receiving from the State all the medical and psychological assistance, staying, still, with her identity preserved, besides the genetic information will only be seen by a third-party through the judicial authorization. The institute was compared to the ancient “wheel of the exposed”, denomination created in the colonial period according to which the children were dropped by the windows of the houses of mercy so that they could be led to substitute families. The theme is rising up through the projects of the rules of law numbers 2.747/08, 2.834/08 and 3.220/08. In the study of the institute are noticed which are the subjects involved, as well as the experience of other countries about the normative legal model. The regulation of the anonymous parturition is in perfect consonance with the constitutional precepts. There are contested positions about the implementation of the parturition institute, although what is being sought is actually to soften the subhuman abandonment and the deaths of newborns in Brazil. For this monograph the following methods were used: as a method of approach, deductive reasoning; method of procedure, the historical and functionalist; and as a research technique to indirect documentation. It is concluded, then, that the institute is in construction for fitting our society, as well as our legal system, and that, even still presenting inconclusive and failing points, it serves as a guiding beacon for the solution of the problem faced up, having as a primary goal the protection of the child‟s life in a dignified way, besides granting her the right to a harmonious familiar living together.