Abstract

MINGATI, Vinícius Secafen; GOES, Winnicius Pereira de  and  COSTA, Ilton Garcia da. The anencephalic fetus abortion and the constitutional issue. Rev. bras. crescimento desenvolv. hum. [online]. 2012, vol.22, n.2, pp. 133-141. ISSN 0104-1282.

Abortion has long occupied the legal discussions in both Brazilian and international law. It is asubject of immense complexity, which in its interdisciplinarity, generates intense discussions among lawyers, doctors, scientists, philosophers and the civil society. In this environment, the question concerning the possibility or not of the termination of the anencephalic pregnancy occupies the halls of the Brazilian Constitutional Court, which has enabled the clash of ideas and the full participation of all stakeholders. Through the trial of ADPF 54, all the peculiarities of this "type of abortion" are being teased out. However, the issue should be constitutionally interpreted by the hermeneutist. In a moment of contemporary constitutionalism that values the fundamental principles of the citizenship, dignity, freedom and health of the mother should be placed in prominence, even making use of instruments of constitutional hermeneutics, as the consistent interpretation and reflection. Thus, the legal treatment of anencephalic pregnancy must face the interruption as a therapeutic guarantor of human dignity for women, and never as abortion.

Keywords : anencephaly; therapeutic abortion; human dignity; constitutional interpretation; weighting.

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