Abstract

LEITE, Henrique; GONCALVES, Gláucio  and  GAZZOLA, Luciana. Fetus and newborn with genetic and congenital severe conditions: bioethical and legal aspects in Brazil. Rev. Bioética y Derecho [online]. 2020, n.49, pp.141-154.  Epub Oct 19, 2020. ISSN 1886-5887.

The diagnostic certainty of congenital malformations, made possible by the technological advances in fetal propaedeutics, enables the exercise of reproductive autonomy by the pregnant woman, although it results in ethical and legal dilemmas that are difficult to solve, such as the option for abortion, and decision-making regarding newborns with meager survival possibility. End-of-life decisions and the abandonment of futile therapeutic techniques that do not alter the natural course of the illness give rise to ethical conflicts between the health team and family members. In this setting, it is important to analyze the scope of protection of the rights of handicapped persons in Brazil, and how it applies to the newborn with severe congenital malformations, with the goal of contributing to dignified death in the neonatal period.

Keywords : congenital malformations; handicap; abortion; therapeutic obstinacy; decision-making.

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