Minister Edson Fachin, of the Federal Supreme Court (STF), said that in Brazil there seems to be a “standard of systematic violation of women’s rights” in relation to abortion in cases provided for by law.
The statement is in the decision in which the magistrate gives President Jair Bolsonaro (PL) and the Ministry of Health five days to explain the folder’s booklet that ignores the legislation on the subject and says that all abortion is a crime with some exclusions of illegality.
In Brazil, abortion is allowed in cases of rape, risk to the mother and fetal anencephaly – the latter was guaranteed by a decision of the STF (Supreme Federal Court) in 2012.
The Ministry of Health booklet states that “there is no legal abortion” in Brazil. The controversy on the subject gained strength after the case of judge Joana Zimmer, who induced an 11-year-old child who was raped to give up the termination of pregnancy.
“What exists is abortion with exclusion of illegality. All abortion is a crime, but when situations of exclusion of illegality are proven after police investigation, it is no longer punished, such as the termination of pregnancy for maternal risk”, says the document. official.
Four entities linked to health presented a lawsuit to the Supreme in which they ask for the text to be suspended and to prevent the government or judicial decisions from restricting legal abortion in the country.
Fachin was chosen as the rapporteur of the action. He asked the Executive for clarification, which is customary, but took the opportunity to anticipate his view on the subject.
“The situation narrated by the applicants is quite serious and seems to point to a pattern of systematic violation of women’s rights. If even the actions that are authorized by law do not have the support and acceptance by the State, it is difficult to imagine that the long history of inequality between men and women can one day be mitigated,” he said.
The booklet also sets the gestational age of 22 weeks as a limit for the procedure, which has no legal support. The ministry’s manual has as “general editor” the national secretary of Primary Care, Raphael Câmara.
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