Direitos fundamentais em colisão: análise dos direitos, a solução de conflitos e os aspectos relevantes da ADPF nº 54

Abstract

This monograph has the propose of analyzing the fundamental rights collision in a concrete case, which have the same legal hierarchy. Due to the principled nature of the rules that protect fundamental rights, such conflict is very peculiar, the interpreter should proceed to axiological weighting of values involved in the case. In this regard, in addition to conducting a brief overview about the basic features of fundamental rights, outlines some considerations about the trial of the ADPF No. 54, which examined gestational interruption in cases of fetal anencephaly carriers. In this context, it sets up a conflict between fundamental rights: the right to life of the unborn versus the right to health and reproductive autonomy of the pregnant woman.