A Possibilidade jurídica da interrupção da gestação de feto microcéfalo

• Ano de defesa: 2017
• Autor(a) principal: Véras, Érika do Amaral
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Centro Universitário de João Pessoa; Brasil; PPG1; UNIPÊ
• Palavras-chave em Português: Direitos Fundamentais; Interrupção Gestacional; Feto Microcéfalo; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.cruzeirodosul.edu.br/handle/123456789/2455

This thesis with the legal possibility of interruption of gestation of the microcephalus fetus. In order to do so, before entering the central theme, it is necessary to bring to the fore subjects that serve as a basis for debate. Firstly, the importance of fundamental rights is highlighted, differentiating them from human rights, being considered those recognized and guaranteed by the constitutional text. Among these rights, the principle of the dignity of the human person has gained notoriety since the disastrous consequences of World War II, becoming the basic foundation of every constitutional precept of a true democratic society. Another important fundamental right is the right to life, whose legal protection has been intensified by the growing need of the State not to violate it, and to protect this right against third parties. Although the principle of the dignity of the human person and the right to life form part of the list of fundamental rights, these rights may collide. This hypothesis can be verified when the principle of the dignity of the human person of a pregnant woman is in conflict with the right to life of the fetus in the case of abortion. The work also explores the thematic controversy of abortion in detail, which in our country represents a serious problem of public health, social justice and fundamental rights. The figures unveiled in the National Abortion Survey 2010 and 2016 warn that criminalizing abortion results in negative consequences for women's health, spares little practice and perpetuates social inequality. The criminalization of abortion is a legal reality in Brazil, however, it is worth noting that our legislation authorizes abortion in cases of a life-threatening pregnancy when the conception results from a rape or when the fetus is diagnosed with anencephaly. Currently the debate on abortion has come to the fore again due to the outbreak of microcephaly in our country, caused by the epidemic of Zika virus, raising the discussion about the legal possibility of discontinuing the gestation of a microcephalus fetus. The most recent judgments of the judiciary show a slight inclination to relax the right of women to decide whether or not to continue pregnancy, but this is no guarantee that the decriminalization of abortion is near. Two lawsuits are pending before the Federal Supreme Court and are aimed at discussing the legality of abortion, one of which deals with the release of abortion in the first trimester of pregnancy in an indiscriminate manner and the other with the possibility of termination of pregnancy for women which were infected by the Zika virus (fetuses with microcephaly or other neurological disorders). Soon such actions will be tried and, consequently, their decisions will be considered a milestone in the abortion agenda. For that, the method of approach chosen for the elaboration of the present dissertation was the deductive, the procedure methods were the monographic and the historical and the main research technique was the bibliographic.