Direito, aborto e anencefalia no brasil: uma bordagem semântico-cognitiva do processo da ADPF 54

Abstract

This study aims at investigating different conceptualizations for anencephalic fetus through a case study of the Allegation of Violation of a Fundamental Precept No. 54 (ADPF 54) process, in which the Supreme Court authorized the interruption of pregnancy in cases of anencephaly. Concerning the theoretical framework, a combination between Frame Semantics, from the perspective of frames of understanding (ZIEM, 2014), and the concept of profiling (LANGACKER, 1987; 2008) is proposed. Moreover, this dissertation seeks to discuss the relation between pregnancy interruption in cases of anencephaly and cultural models related to abortion (COULSON, 1997; 2001; D'ANDRADE, 1987). The concept of semantic frame is the core of Frame Semantics, postulated by Fillmore (1982; 1985), which defends that speakers understand the meaning of a word or expression from its association to a mental schematic scene. Based on his works, Ziem (2014) retakes the Fillmorian concept of frame of understanding, which implies a space of understanding activated by linguistic use that encloses encyclopedic knowledge. Amongst the constituent of this conceptual schematic structure, there are slots and fillers, which can be identified through corpus-based analyses. The concept of profiling presupposes that the evocation of a frame also involves different perspectives on the same event or entity, which makes speakers profile or contrast some situation against different frames or knowledge facets, depending on their intentions (CROFT; CRUSE, 2004; KÖVECSES, 2006; ZIEM, 2014). The corpus is constituted by the ADPF 54 decision, as well as the tachygraphic notes that registered the depositions on the four public audiences. The corpus was divided in three subcorpora: (i) the tachygraphic notes of the first audience, in which the positioning of representatives of religious institutions predominate (NT1 Corpus); (II) the tachygraphic notes of the three following audiences, in which the positioning of representatives of medical entities predominate (NT2 Corpus); e (III) the entire content of the Supreme Court decision, which consists of the voting of the ministers and the statement of the final decision (Acórdão Corpus). The first step of the analysis was the description of the anencephalic fetus frame from the knowledge facets that were found in each subcorpus, following the methodology of identification of slots proposed by Ziem (2014). After that, it was verified how these facets resulted in different profilings. The results showed that, in the NT1 Corpus, anencephalic fetus is more frequently profiled against slots such as [presence of neurological activity], [physiological and social characteristics], [life] and [utility for organ transplantation]. In the process as a whole, conceptualizations emerging from NT2 and Acórdão corpora are predominant, in which anencephalic fetus is conceptualized by means of profilings against slots such as [anomaly], [death], [absence of neurological activity], [uselessness for organ transplantation] and [health risk for the pregnant woman], which results in the profiling against the [legal abandonment] slot, which denies the anencephalic fetus the legal protection given to other fetuses, in the Brazilian context, through the Constitution. Moreover, these knowledge facets indicate a direct bonding between the cultural model of Punishment and the pregnancy anencephalic fetus scenario.