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THE STF DECISION ON ABORTION OF ANENCEPHALIC FETUS: A FEMINIST DISCOURSE ANALYSIS

ABSTRACT

This article presents an analysis of the Federal Supreme Court appellate decision in the Action for Breach of a Fundamental Precept number 54 (ADPF 54), which sought to resolve the controversy about the possibility of voluntary interruption of pregnancy in the case of fetuses with anencephaly. Through discourse analysis with a feminist approach, the paper focuses on the paradoxical way in which the Court met a feminist demand and women’s rights movements: (1) concealing the bonds with activists of these groups and with the discourses they defend about the autonomy of women in relation to their bodies; 2) maintaining the traditionalist and androcentric standard of law. Thus, the analysis describes three language devices that stand out in the articulation of this paradox: explanation, naming and representation. The paper points the persistence of the traditional and androcentric paradigms in the Law field that Justice values and with which it operates. This study aims to contribute to the debate on the decriminalization of abortion in Brazil, as well as to discuss the relationship between language / gender / law.

Discourse; Gender; Feminism Law; Abortion; Anencephaly

Universidade Estadual Paulista Júlio de Mesquita Filho Rua Quirino de Andrade, 215, 01049-010 São Paulo - SP, Tel. (55 11) 5627-0233 - São Paulo - SP - Brazil
E-mail: alfa@unesp.br