(In) compatibility extrauterine life to therapeutic anticipation of delivery: dialogues between gender studies and legal discourse in cases of abortion for fetal anencephaly
Author: William Wunsch
Summary: In the wake of the Civil-Constitutional Law that emerges the need for a review of legal categories, given that the law does not achieve more success to be examined separately from the other sciences. The contemporary dilemmas call into question traditional concepts requiring legal interpreter applicator a new position, away from mere subsumption rules and a systematic look, together with various fields of knowledge, ie, in an interdisciplinary perspective. One of the most recent cases that challenged the Brazilian legal system was the trial of ADPF No. 54, 2004, by the Supreme Court. Synthetically, the Plenary of the Court granted the request contained in the action filed by the National Confederation of Workers in Health (CNTS) to declare the unconstitutionality of interpretation according to which the termination of anencephalic fetus pregnancy is conduct typified by the Criminal Code. one sees that there is an ambiguity in the beginning of life criteria and determination of death. Is to produce a definition of life and death is primarily a philosophic task and the choice of the criteria for its determination is not legal, though it is a medical issue. In addition to the case of brain death, it is common consideration of an extra-uterine life of incompatibility of the fetus anencephalic, as some argue that we are not talking about abortion in these cases, but in a therapeutic anticipation of delivery, because the fetus only may be alive during pregnancy without the possibility of life after birth. This issue puts the jurist the challenge of breaking the discourse paradigm that insists on being dichotomous and conceptualist, to ensure and promote the dignity of those who do not fall in generalizing models, whose purpose is to provide preliminary answers to the future. Here is the proposition to be shared on the basis of gender studies, reflection arguing-about the possibility of intersection of these as possible means to think about abortion in general and mainly in cases of anencephaly, from the perspective of Human Rights women, being a subject that requires bioethics and legal urgency, considering it as a manifesto for dignity.