A licitude do aborto nos casos de anencefalia

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The following thesis addresses the issue of anencephalic abortion. Article 5 (caput) of the 1988 Federal Constitution guarantees the protection and right for human life. Given that Brazil has incorporated the American Human Rights Agreement into its constitucional system, the protection of life begins as of conception. According to brazilian law, abortion is considered criminal conduct. The only permissible exceptions are stated in article 128 of the Penal Code, which presupposes two hypotheses: rape or risk of death to the mother. Despite the legal protection of life and the fact that medical science considers anencephaly live beings, when a woman has confirmed an anencephalic pregnancy and chooses to terminate such pregnancy, she is within legal rights to do so, as per section III of article 23 of the Penal Code. The legality of an anencephalic abortion is based on the application of the principle of proportionality

ASSUNTO(S)

anencefalia anencephalic direito

ACESSO AO ARTIGO

Documentos Relacionados