Legitimate abortion, a term used by medicine, is abortion procedure approved by Brazilian law and which must be provided free of charge by the Union Health System (SUS).
experts heard by g1 SC claim that, in accordance with the law the procedure does not require court approval and occurs only in cases where the pregnancy is due rape, when the life of a pregnant woman is at stake au when there is a diagnosis of fetal anencephaly.
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However, women who meet these requirements face hospital abortion problems.
The most recent case is an 11-year-old girl who, pregnant after being raped, was denied the procedure at Florianópolis hospital. She was 22 weeks and two days pregnant and, in that unit, The procedure is performed when the pregnancy is up to 20 weeks.
Is there a higher duration of legal abortion?
There is no national agreement on abortion after 22 weeks. The São Paulo State Public Prosecutor’s Office, for example, states in a pamphlet that, in cases of sexual harassment, abortion is allowed up to 20 weeks of gestation, or up to 22 weeks, provided the fetus weighs less than 500 grams.
With a justified abortion and the risk to the life of the pregnant woman and anencephaly, there is no maximum gestational age to perform the procedure.
However, the Ministry of Health’s technical standard that regulates exercise in the country states that pregnancy complications are possible up to 22 weeks of gestation.
Attorney Rodrigo Fernandes Pereira highlights that The protocol is a proposal and should not be ignored.
“It is a set of guidelines and information essential for the best quality of care for pregnant women, including rape victims.
Pereira recalls that, when she claims to be a victim of rape, “it is the doctor’s responsibility, to adhere to the conditions of maintaining the pregnant woman’s health, abortion”, she says. When the pregnant woman is young, however, permission from the legal guardian is required.
No court approval is required
According to Anne Teive Auras, a lawyer and public defender from Santa Catarina, the concepts of cases where there is sexual harassment or when there is a risk to a pregnant woman’s life are in Brazilian law since 1940.
In the third case, when there is a diagnosis of fetal anencephaly, abortion has been allowed since 2012, according to a decision of the Federal Supreme Court (STF).
“In that context, no need for court approval. What is the meaning. Speaking of sexual harassment, as in the case of a girl, going to health care and reporting that she was sexually abused, that she was raped, she has a right to care “, she says.
Victims “feel guilty”
The lawyer explains that most women who have been sexually abused find out only about pregnancy when the pregnancy is at an advanced stage, beyond the 22 weeks of pregnancy provided by the regulation.
“We know that, after being raped, most women do not even seek help. They prefer to remain silent, because they are ashamed, guilty, afraid. They just want to wipe their heads. They want to take a shower and wipe.”
A pregnancy resulting from rape includes all instances of sexual abuse, that is, any situation in which sexual intercourse is not permitted, even if no abuse occurs. This includes, for example, sexual intercourse where a partner removes a condom without the woman’s consent.
“Because of this Ministry of Health protocol, which states that abortion will be possible up to 22 weeks in the case of rape, there is a series of compromises that there would later be some form of external impotence. But this is controversial, because there is no such limit in law. “reports.
What does it take to make an abortion legal?
For cases of pregnancy resulting from sexual violence, it is not necessary to submit a police report or any test confirming a rape crime, such as a report from a Medical Legal Institute (IML). For services, only report the victim to the medical team. to know more in this g1 report.
All the necessary documents are completed in the hospital itself. In them, a woman officially chooses an abortion and takes responsibility for the facts narrated to the medical team.
For a dangerous pregnancy and anencephaly, a medical report is needed to confirm the condition. In addition, ultrasound examination and anencephaly examination may also be required for miscarriage due to fetal damage.
Who to turn to when justice is denied?
Defender Flávia Nascimento leads women who have been denied the right to seek public protection, whether government or federal.
According to her, in general, it is not necessary to go to court to ensure that a woman who is a victim of rape is served to have a legal abortion. “Most of the time, we oversee the health unit, informing us about the law, that there is no provision in the law that requires a Report of Events”, he comments.
g1 specific on abortion
O g1 published an article that clearly explains what legal abortion is all about, providing information on the procedure for abortion approved by Brazilian law. It must be provided free of charge by the United States Health System (SUS) and is permitted in cases where pregnancy is the result of rape, when the life of the pregnant woman is at risk or when there is a diagnosis of fetal anencephaly.
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