Right to life and abortion: ADPF 54 analysis

• Autor(a) principal: Miranda de Carvalho, Otho Cezar
• Data de Publicação: 2019
• Outros Autores: Costa, Danilo da, Gonçalves, Jonas Rodrigo
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Processus de Estudos de Gestão, Jurídicos e Financeiros (Online)
• Texto Completo: http://periodicos.processus.com.br/index.php/egjf/article/view/164
• topic: ADPF 54. Life. Abortion. Pregnancy. Anencephaly; ADPF 54. Vida. Aborto. Gravidez. Anencefalia.

This article is about the extension of legality of pregnancy interruption, under the perspective of the Brazilian Justice, based on the judgment of ADPF 54 (Allegation of Disobedience of Fundamental Precept – an instrument of concentrated constitutional control), by the Federal Supreme Court - STF, in 2012. We investigated following problem: is the ADPF 54 judgement a judicial precedent whose principles, which supported the decision, would apply to new questions about the constitutionality of therapeutic anticipation of pregnancy involving fetuses with anomalies other than anencephaly? The following hypothesis was considered: the grounds that supported the ADPF 54 decision must be understood at length, and therefore apply to cases of pregnancy of fetuses with anomalies other than anencephaly, so the judgment is a judicial precedent. The general objective is to assess the judgment of ADPF 54 by the Supreme Court and analyze how it can influence further arguments of constitutionality of termination of fetal pregnancy with other anomalies. The specific objectives are: to analyze the votes of the STF ministers at the ADPF 54 judgment and to identify the grounds used; research and analyze changes in legal norms on abortion in Brazilian history. This work is important from an individual perspective because the theme has a strong social impact, especially for the poorest sections of society; For science, it is relevant to discuss the topic more comprehensively, securely and rationally; and adds to society because it is about the protection of the process of creation and development of human life, a sacred theme to all, regardless of whether the foundation that underpins individual thinking is inherent in any rational being or emanates from the supreme will of a supreme being. This is a theoretical qualitative research lasting six months.