The Federal Supreme Court as a superego of society

critical analysis of habeas corpus nº124306, which advocates the decriminalization of abortion for first trimester pregnancies

Abstract

The accomplished research has for main objective to analyze the Judiciary Power just as it was conceived in the context of the ideas of separation of the powers and as today it behaves. The present article makes an association among Ingeborg Bad scientific article, “The Judiciary as superego of the society: the paper of the activity jurisdicional in the orphan society”, that portrays the excesses of the German Judiciary Power, with the contemporary performance of Federal Supreme court. Under that focus, the dance was brought the recent decision of STF that will be able to search a future exception to the abortion crime, when caused in the first quarter of gestation. Being done, since then, a critical analysis in relation to having referred decision and to the current paper of STF. For so much, the following methodology was used: techniques of biblio-graphical research, tends as base the study of doctrinaire books, goods, scientific magazines, the available legislation and recent jurisprudence. Proposing, for so much, without exhausting the theme, the adoption of the self-restraint institute, used in the USA, or the non-derogation clause or dialogical system, coming from Canada, as solutions for a harmonic performance of the Powers.