The Argumentation of Unconstitutionality on the issue of anencephaly presented to the Federal Supreme Court (STF) is a framework for the debate on abortion in Latin America. Since the Brazilian Penal Code was issued in 1940, there has been strong resistance to any change in the country’s abortion policy. In this article, the argumentative and political strategies used for the action on anencephaly in the STF will be discussed, especially the ethical and legal thesis used that the interruption of gestation in cases of anencephaly does not constitute abortion and should be considered a therapeutic anticipation of delivery.
