Anencephaly and congenital abnormalities: the pathologist’s contribution to Judiciary

Authors

  • Luciana de Paula Lima Gazzola Universidade Federal de Minas Gerais.
  • Frederico Henrique Corrêa de Melo Universidade Federal de Minas Gerais.

Abstract

The Federal Supreme Court of Brazil in 2012 issued a historical decision in the context of Arguição de Descumprimento de Preceito Fundamental – ADPF 54, based on the premise that only the fetus that has the capacity to be a person can be the victim of the crime of abortion. The topic is important because it involves dignity, liberty, self-determination and individual rights. It was decided that performing the delivery earlier, in this situation, is not abortion, because this crime supposes potential for extra-uterine life. In this context, several malformation syndromes are underlined, also incompatible with extra-uterine life, which must be topics for regulations, anchored in isonomy. Intra-uterine diagnosis is essential, as well as the thorough study of the fetus, by the means of necropsy performed by pathologists. It is important, still, to grant equal judicial treatment to fetal conditions which, although not as well known as anencephaly, carry the same social impact and have analogous judicial situation.

Keywords:

Anencephaly. Abortion, legal. Autopsy. Pathology. Congenital abnormalities.

How to Cite

1.
Gazzola L de PL, Melo FHC de. Anencephaly and congenital abnormalities: the pathologist’s contribution to Judiciary. Rev. bioét.(Impr.). [Internet]. 2015 Nov. 26 [cited 2024 Dec. 4];23(3). Available from: https://revistabioetica.cfm.org.br/revista_bioetica/article/view/1096