Anencefalia e o Direito à Vida

Abstract

This article aims to investigate the topic Anencephalia and the Right to Life considering new technological perspectives. This research was based on studies from Constitutional, Criminal and Civil Law and forensic medicine. It aims to demonstrate when life is initiated and when it comes to its end with respect to the clinical brain death of an anencephalic fetus. Following the research aimed to demonstrate in detail the impact of the claim of fundamental precept number 54 and the most recent decisions on abortion of anencephalic fetus. For that it was found during the study that life begins at conception, specially based on scientific medical aspects and also constitutional aspects. It was demonstrated that the anencephalic fetus has the right to life as an entrenchment clause and constitutional guarantee. Inside the context of the inviolable right to life, the article aims to demonstrate that when a decision, that concerns the right to life of a human being, is done, the judge usually imposes a certain way in a “conscious or unconscious” moral, ethical and religious values. However, this article is not limited only to this aspect, but also had the purpose to demonstrate that Brazilian State is a secular state without a certain specific religion, being free the right of creed. The debate included also the fact that there must be a balance between the right to live and the right to die and to create a doctrine capable of solving these problems. Keywords: Anencephalia, Science, Law, Life, Inviolability