Abortion in Brazil

Abortion in Brazil

Abortion in Brazil is governed by strict laws and regulations. The practice is generally illegal, except under specific circumstances which include risk to the life of the mother, evidence of rape, or if the fetus is proven to be non-viable. This article provides an overview of the legal, social, and medical aspects of abortion in Brazil.

Legal Status

Abortion in Brazil is primarily regulated by the Penal Code of 1940, which criminalizes the act of performing an abortion except in cases where the mother's life is at risk or the pregnancy results from a rape. The legal framework was further expanded to include cases where the fetus has anencephaly, a decision upheld by the Supreme Federal Court in 2012.

Cases of Legal Abortion

• Risk to the Mother's Life: The health of the mother is considered a legal justification for abortion. Medical practitioners may perform an abortion if continuing the pregnancy poses a significant risk to the mother's health or life.
• Rape: Abortion is permitted in cases of rape. The law was amended in 2005 to remove the requirement for a judicial order, allowing immediate medical intervention.
• Anencephaly: In 2012, the Supreme Federal Court ruled that abortion is legal in cases where the fetus is diagnosed with anencephaly, as these fetuses are not viable outside the womb.

Social and Cultural Aspects

The topic of abortion is highly controversial in Brazil, with deep divisions between different societal and religious groups. The Catholic Church and other religious organizations play a significant role in shaping public opinion and policy regarding reproductive rights.

Medical Perspective

Access to safe abortion services is limited, even in cases where it is legally permitted. Many women face barriers due to lack of information, bureaucratic hurdles, and fear of legal repercussions. This has led to a significant number of unsafe abortions, posing serious public health challenges.

Recent Developments

Debates and discussions continue to emerge around the laws governing abortion in Brazil. Feminist groups and human rights organizations are actively campaigning for more liberal laws to ensure safer and more accessible abortion services.

See Also

• Reproductive rights
• Women's rights in Brazil
• Healthcare in Brazil