The controversial discussion regarding the possibility of aborting an anencephalic fetus in light of the 1988 Federal Constitution

Abstract

One of the biggest problems faced in the history of the Supreme Federal Court was ADPF-54/DF, proposed by the National Confederation of Health Workers – CTNS in 2005. The claim addressed the issue of whether health professionals could perform abortions on anencephalic fetuses without significant penal repercussions. The basis for this argument is linked to scientific evidence demonstrating the impossibility of life for these fetuses and the risks to the pregnant woman's health in this situation. On the other hand, the Attorney General's Office defends the right to life of the anencephalic fetus, even if for a very short period of time. After the controversial preliminary injunction granted by Minister Marco Aurélio, ordering what was requested in the initial petition by the CTNS, the discussion gained national attention, and due to the relevance of the topic, the Ministers of the STF overturned the injunction, and the process dragged on for more than six years. Thus, the possibility of granting this type of abortion was discussed based on the 1988 Federal Constitution, through its principles, adapting the Brazilian Penal Code to the Superior Norm. The Supreme Federal Court, in a decision by eight votes to two, understood that the abortion of an anencephalic fetus is not a crime.