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This paper aims to analyze the situation of anencephalic fetuses in the Brazilian legal system and the collision between fundamental rights arising from the choice, or not, by termination of pregnancy. This work also demonstrates the possible solutions to conflicts involving fundamental rights, detailing the Right to intrauterine life of anencephalic, the Rights to health and freedom of reproductive autonomy of women, the Principles of Proportionality and Dignity of the Human Person. It seeks to explain about anencephaly and the situation of abortion in Brazilian law, as well as to expose the current position of the ministers of the Federal Supreme Court on the subject.