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The research presented here is the result of a work in which we sought to examine the power of speech and listening with psychoanalytic basis against the anguish of the process of therapeutic anticipation of the birth of pregnancy of anencephalic fetus in the light of the Brazilian legal system. For this, it was based on an argumentative, analytical and critical development, based on doctrinal data related to the need for the insertion of the legal type in the Criminal Code in its Article 128. Thus, the arguments developed are divided into topics and subtopics, where the first of them addresses all the conceptual and theoretical aspects around the abortion of anencephalic fetus, determining the purpose, applicability, in addition to all the relevant principals to the object of the researched theme. The approval of the Federal Supreme Court of the therapeutic anticipation in cases of anencephalic fetus and the criteria yet to be defined by the Federal Council of Medicine before its practice are also addressed.