A Brazilian Bill Criminalizing Abortion After 22 Weeks Ignites Political Firestorm

Thousands of protestors filled the streets of São Paulo, Brazil, last weekend in response to a proposed bill that would classify an abortion after 22 weeks as a homicide.

Brazil’s Current Abortion Laws

In Brazil, abortion is illegal except in cases of rape, when the mother’s life is in danger, or when there are severe fetal brain complications. In these situations, abortion is allowed up until birth.

PL 1904/2024 was introduced on June 16 by Deputy Sóstenes Cavalcante and expedited directly to a vote without requiring a committee’s approval.

Sóstenes introduced the bill after the Supreme Court Minister Alexandre de Moraes suspended the Council of Medicine’s resolution that prohibited physicians from performing abortions by inducing cardiac arrest. Moraes also prohibited any legal or disciplinary action for physicians who violated the ban when it was in effect, claiming it restricted women’s and doctor’s rights.

During the previous administration, former President Jair Bolsonaro prohibited the induction of cardiac arrest after 22 weeks, which is the threshold for fetal viability.

However, under President Luiz Inácio Lula da Silva, all time restrictions for these exceptions were removed, allowing for abortions to occur up until birth. 

Outrage on Both Sides of the Aisle

Brazilian conservatives are outraged by Moraes’ suspension. They strategically expedited PL 1904/2024 to underscore the fact that any abortion more than five months into a pregnancy is cruel and should be unthinkable. 

The Council of Medicine argues that an abortion at this time is “deeply unethical and dangerous in professional terms.”

Left-wing opposition launched the “A child is not a mother” campaign to criticize the bill for its potential impact on child rape victims. The rate of child rape is notoriously high in Brazil, as the Brazilian Public Security Forum reported that more than 60 percent of the country’s 74,930 rape cases in 2022 had victims who were under 14 years old.

Many critics argue that the legislation will affect younger rape victims who take longer to discover their pregnancies.

However, there has been limited consideration of the severe emotional consequences that the rape victims will endure by aborting their children, as well as a lack of focus on reducing the pervasive sexual exploitation of minors.

Dr. Pedro Spineti, the leader of the Brazilian Association of Catholic Physicians, points out that even guilty criminals sentenced to death are sedated to avoid pain, while innocent babies are left suffering during abortions.

What’s Next?

The decision to eliminate the Council of Medicine’s prohibition of abortions after 22 weeks is pending final determination by the entire Supreme Court. The Council of Medicine has also appealed Moraes’ initial ruling. 

A vote has not yet been scheduled for PL 1904/2024, and it is unclear how it may affect the court’s upcoming decisions.

Regardless, a 22-week restriction is a commonsense approach that would save thousands of lives. 

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