Supremo Tribunal Federal: a guarda da Constituição sob a perspectiva do julgamento da Arguição de Descumprimento de Preceito Fundamental nº 54

Abstract

Among the fundamental rights achieved with the constitutional revolutions, the right to life presupposes basic fundamental right of every living being, born or gestated and is a prerequisite for the exercise of other rights. The Federal Supreme Court, the highest body of the Brazilian courts, primarily responsible for safeguarding the Constitution exercised through constitutional jurisdiction and the handling of judicial review instruments. The accusation of breach of Precept regulated by Law No. 9,882, of 03/12/1999. The accusation of breach of fundamental precept No. 54, sought the interpretation according to the Constitution of the arts. 124, 126, caput and 128, I and II of the Criminal Code, 1940 in the aim of seeing excluding criminality referred to the mother and the abortionist medical team to assist in the practice of abortion fetus diagnosed with anencephaly. In committee responsible plead freedom for doctors and aborteiras teams can get abortions without however being blamed for. Judicial activism is considered a controversial issue for doctrine, for often result in the invasion of their own spheres of activity of the executive and legislative branches. The counterpoint to activism, therefore, is the judicial self-restraint, which prevents the judiciary interfere in the actions of other powers respecting the typically political bodies. The original constituent to ensure the inviolability of the right to life, did not establish substantive conditions to it. To keep custody of the Constitution the common hall should maintain exemplary posture being the first to comply with the law and respect the assecuratórios institutes of the democratic rule of law. The Supreme Court did not defend the Constitution in view of not having defended their more expensive and core values.