O Julgamento da ADPF n. 54: uma reflexão à luz de Ronald Dworkin
The Allegation of Unconstitutionality number 54 was filed in the Brazilian Supreme Court by the National Confederation of Health Workers, and the Supreme Court, by eight votes to two, upheld the application, declaring the unconstitutionality of the interpretation that the interruption of pregnancy o...
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| Main Author: | |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
Universidade Federal de Santa Catarina (UFSC)
2012
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4204910 |
| Source: | Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 33, Nº. 65, 2012, pags. 155-188 |
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| Summary: |
The Allegation of Unconstitutionality
number 54 was filed in the Brazilian Supreme
Court by the National Confederation of Health
Workers, and the Supreme Court, by eight votes
to two, upheld the application, declaring the
unconstitutionality of the interpretation that the
interruption of pregnancy of anencephalic fetus
would be typified in the Criminal Code. Advocating
a moral reading of the law, Dworkin argues
that the interpretation of substantive principles
should consider not only the Constitution as a
whole, but also the history, traditions and constitutional
practices. Therefore, we intend to articulate
the theme of the Allegation of Unconstitutionality
number 54 with the Dworkin�s substantialist
perspective, whose proposal for a moral reading
can be an important theoretical framework for understanding
forms of judicialization aimed at protecting
the rights of women with pregnancy of an
anencephalic fetus. We intend to demonstrate that,
in the judgment of the Allegation of Unconstitutionality
number 54, the Brazilian Supreme Court
was able to consistently justify the concepts that
comprise the field of value, articulating them in
a way that one direction complements the other,
therefore eliminating the conflict |
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