FETO ANENCéFALO: SUAS IMPLICA ES NO ORDENAMENTO JURíDICO BRASILEIRO

This research aims to address legal aspects of fetal anencephaly. Atfirst the scientific aspects will be informed of anencephaly, then it is made a regression on the historic fundamental rights as human dignity, rights of personality and finally the right to life that involves the anencephalic fetus. It will be discussed in cases of punishable crime of abortion as well as their exclusion of unlawfulness. It is also explained the current issues involving the subject, as the exposure of the accusation of breach of fundamental precept, with the Supreme Court, the controversy caused by the granting and subsequent appeal of the injunction issuedby the monocratic Minister Marco Aurélio de Mello authorizing the practice of anticipating of labor in cases of anencephaly, and finally the calling the most different law bodies to follow a greater gather public hearing before the Supreme Court, held in August of 2008.