DO ABORTO SELETIVO À LUZ DA CONSTITUIÇÃO DE 1988 SELECTIVE ABORTION IN LIGHT OF THE 1988 CONSTITUTION (original) (raw)
This article investigates the possibility of decriminalizing selective abortion, that is the interruption of pregnancy in cases in which the fetus presents a disability. Thus, it addresses the difference between abortion for eugenics purposes and selective interruption of pregnancy, including an outline of the panorama of the protections afforded the right to life under existing law and the jurisprudence on the subject, especially that related to Allegation of a Violation of a Fundamental Right no. 54/DF. The article proceeds to investigate how the Constitution and legislation define and establish protections of the disabled and what their social and legal role is in Brazilian society, as well as presenting a brief explanation of the principle of equal protection. Finally, we conclude that an anencephalic fetus differs totally from a disabled fetus, that the right to life is not protected from conception, but rather from the formation of the brainstem, and that a voluntary abortion until the third month of pregnancy is supported by the Constitution and the existing legal framework. However, the interruption of pregnancy solely due to a congenital disability finds no support in the provisions guaranteeing the application of equal protection principles and is thus unconstitutional.
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