The juridical-penal nature of the anencephalic abortion

Abstract

The present article presents some considerations about the legal nature of anencephalic abortion. It shows the right to the life considering it as a basic right that excessively constitutes the base for the practice of all, demonstrating its relativity before the principle of the dignity of the human being, that is foundation of all the legal system of a Democratic State of Right. It displays all contents concerning to anencephaly, pointing its concept, medical positions and the legal aspects related to its legal nature. It´s been done an explanation about the doctrines that try to solve this problem, among them, the ones that state being the anencephalic abortion, an atypical behavior, which deals with the position now admitted, the theory that places it as exculpatory of illegality, considering it as a condition of necessity, and, finally, the one that puts itself about exculpatory of culpability, seen as a nondemanding of different behavior. This way, it tries to show that arguing the subject is necessary and urgent, in the sense of searching for an answer that can bring a bigger legal security to the State, thus preventing that the Courts continue to decide or place themselves divergently on the subject.