Abortion in Brazil

Abortion can only be legally performed in Brazil if the pregnancy puts the life of the woman in danger or if the pregnancy is the result of a rape.^[1] The punishment for a woman which performs an abortion on herself or consents to an abortion performed by another outside these legal exceptions is based in one to three years of detention.^[2] The base penalty for a third part that performs an illegal abortion in a woman, with her consentment, varies from one to four years of detention, with the possibility of elevation by one third if the woman gets any physical harm, and can be doubled if she dies.^[3] Criminal penalties fixed in four years or less can be converted to non-incarceration punishments, such as community service and compulsory donation to charity.^[4]

Brazil is a signatory of the American Human Rights Convention. The Convention grants the right to life to human embryos, "in general, from the moment of conception", and has a legal status on a par with the Constitution in Brazilian Law. The Civil Code of Brazil also safeguards the rights of the unborn. In a 2008 case, however, the Supreme Federal Court ruled, by a 6-5 vote, that the right to life applies only to intrauterine embryos, and that frozen embryos not eligible to a uterus transfer do not hold fundamental rights and may be manipulated for research purposes. On 2012, the Supreme Court also authorized the practice of abortion on fetuses with anencephaly.

Incidence

A 1991 World Bank report estimated that the lifetime abortion rate is over two abortions per woman. In 1992 the Ministry of Health estimated the total annual abortion rate at between 800,000 and 1.2 million, based on extrapolations from abortion-related hospitalizations under the health system. The World Health Organization believes that this may be an underestimate.^[5]

Public opinion

A March 2007 Datafolha/Folha de S. Paulo poll found that 65% of Brazilians believe that their country's current law "should not be modified", 16% that it should be expanded "to allow abortion in other cases", 10% that abortion should be "decriminalized", and 5% were "not sure".^[6]

The last poll on this issue was made in December 2010, by the polling institute Vox Populi. This study revealed an increase among those who reject abortion. 82% of Brazilians consider that the current law on abortion should not be modified, while 14% consider that abortion should be decriminalized, and 4% declare to have no possition on the matter.^[7]

Excommunication controversy

In March 2009, a controversy between the Brazilian government and the Catholic Church erupted following a series of excommunications related to a high-profile abortion case. A nine year old child had been raped by her stepfather resulting in pregnancy with twins. Doctors in Recife performed an abortion on her on March 4, after realizing that she could die if the pregnancy was to be continued. Archbishop José Cardoso Sobrinho announced the excommunication of the girl's mother, of the doctors who performed the abortion as well as of the judge who refused to halt the procedure.^[8]

Anencephaly exception

On April 12, 2012, the Supreme Federal Court ruled by a 8-2 vote the extension of the right of abortion to cases of fetuses with anencephaly. Several religious and human rights movements criticized the decision of the court, claiming that such purpose should be passed on by the legislative instead, and that it may lead to further decriminalization of the process in the country.

References

See also

• Abortion
• Abortion by country
• Abortion law