A institucionalização do parto anônimo no ordenamento jurídico brasileiro: análise do projeto de lei no 3.220/2008 à luz do Estatuto da Criança e Adolescente

Abstract

The present study analyzes the implementation of the anonymous childbirth into the Brazilian legal system, the law bills presented at the in National Congress, based on the right to human dignity, in the doctrine of integral protection, in the principle of the best interest of the child provided by the Child and Adolescent Statute. It also analyzes the possible debureaucratization of the Adoption Procedure, in order to secure the right of the child to a worthy family living experience. It aims to understand the institute of the anonymous childbirth as an effective tool in combating criminal abortion, infanticide, cruel abandonment. It has the purpose of guaranteeing the most important right, which is the right to life. For the development of this research, an historical investigation was made to track down the origin of the anonymous childbirth, its concepts and main fundamentals. Exploring the law bills, more specifically, the law bill n° 3.220/2008 that talks about the institute in a more complete manner specifying the rights and guarantees of the genitors and the newborns. Finally, it was analyzed the effectiveness of the institute in the adoption procedure, making it faster for the enforcement of the rights of the newborns. The methodology utilized was legal-dogmatic, qualitative research, and deductive reasoning.