Notas jurídico-bioéticas sobre o aborto de anencéfalos no Brasil

Abstract

Through this article, it is aimed to discuss the impact of the 2012 decision of the Federal Supreme Court (STF): Argument of Noncompliance with Fundamental Precept No. 54 (ADPF 54/DF), regarding anencephalic abortion in Brazil. Using the dialectic-critical method, systematically, a literature review of the fundamental concepts involved in the issue of abortion of cases diagnosed with anencephaly, and the current position of the Judiciary in front of this dilemma was made, having as scope a synthesis between some of the main currents that debate this theme in Brazil.  It is known that abortion is a controversial and delicate issue around the world and for centuries; however, since this judgment - despite the enormous implications from the legal and bioethical point of view - several court decisions have broadened the understanding, in order to allow the abortion of fetuses with other serious malformations.  Does the 2012 STF decision allow this practice to be expanded? A possible conclusion to this, which does not exhaust the problem and needs further research, is that the issue should be further analyzed by the legislative power, voted on in the Brazilian parliament and treated in a critical-dialectical perspective, far from conflicting extremisms and radical and polarized thoughts that obnubilize the democratic and healthy social debate.