Legal abortion, a term used in medicine. The method of abortion is governed by Brazilian law. And which must be offered free of charge by the Unified Health System (SUS).
Heard by experts g1 SC Claim that, according to the law, Procedure Court permission is not required And only in cases where it is due to pregnancy. Rape, When a pregnant woman’s life is in danger. Or When fetal encephalopathy is diagnosed..
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However, women who fit into these conditions find it difficult to prevent pregnancy in hospitals.
The latest case is that of an 11-year-old girl who became pregnant after being raped, who was denied a procedure at a Florianopolis hospital. She was 22 weeks and two days pregnant and in this unit, This procedure is performed when the pregnancy is up to 20 weeks..
Is there a maximum time for legal abortion?
There is no national consensus on performing contraceptives after 22 weeks. For example, the Sao Paulo State Public Defender’s Office states in a pamphlet that, in cases of sexual violence, abortion up to the 20th week of pregnancy, or up to 22 weeks, as long as the fetus weighs less than 500, abortion Is allowed. Grams
For abortions that endanger the life of a pregnant woman and encephalitis, there is not a maximum gestational age to perform this procedure.
However, the technical standards of the Ministry of Health, which regulates this process in the country, say that pregnancy can be interrupted for up to 22 weeks.
Lawyer Rodrigo Fernandez Pereira sheds light on this. The protocol is a recommendation and should not undermine the law.
“It’s a collection of guidelines and important information for the best quality care for pregnant women, including rape victims.
Pereira recalls that, when claiming to have been raped, “it is the doctor’s duty to observe the condition to maintain the health of the pregnant woman, to have an abortion.” When a pregnant woman is a minor, however, the consent of a legal guardian is required.
No court permission required.
Assumptions in cases involving sexual violence or when the life of a pregnant woman is in danger, according to NTU Oras, a lawyer and public defender from Santa Catarina. Brazilian legislation since 1940.
In the third case, when fetal encephalopathy is diagnosed, abortion has been allowed since 2012, according to the decision of the Federal Supreme Court (STF).
“In these circumstances, No court permission required.. That is what is meant. Especially when talking about sexual abuse, as is the case with girls, if she goes to the health service and reports that she was sexually abused, that she was raped, She has the right to care, “he said.
Victims “feel guilty”
The lawyer says that many women who have been sexually assaulted know about the pregnancy only when the pregnancy is at an advanced stage, which is more than 22 weeks of pregnancy provided by the regulations. happens.
“We know that after rape, many women don’t even get help. They prefer to remain silent, because they are ashamed, they feel guilty, they are scared. They just want to get it off their heads. That page “, adds the lawyer.
Pregnancy as a result of rape covers all cases of sexual violence, ie any situation in which there is no consent to sexual intercourse, even if there is no aggression. This includes, for example, sexual intercourse in which the partner removes the condom without the woman’s consent.
“Because of the protocol of the Ministry of Health, which states that in case of rape, abortion is possible up to 22 weeks, it is being compromised that some kind of abortion will be done later. Will be possible. But it is controversial, because there is no such thing as a law. “Informs.
What is needed to legalize abortion?
For cases of pregnancy as a result of sexual violence, It is not necessary to submit a police report or an examination confirming the crime of rape, such as a report from the Legal Medical Institute (IML).. For service, Just report to the victim’s medical team. Know more In this G1 report.
All necessary documents are completed at the hospital. Among them, the woman officially chooses abortion and takes responsibility for the facts stated by the medical team.
For high-risk pregnancies and encephalitis, a medical report is needed to prove the situation. In addition, abortions due to fetal malformations may require an ultrasound examination with a diagnosis of encephalopathy.
When the truth is denied, to whom should one turn?
Defender Flávia Nascimento guides women who have been denied the right to seek public protection, whether state or federal.
According to him, in general, it is not necessary to go to court to ensure that a raped woman is present for a legal abortion. “Most of the time, we work by telling the health unit about the law, that there is no provision in the law that requires an incident report,” he comments.
G1 special on abortion
O g1 Published articles that better explain what a legal abortion is, provide details of the method of abortion adopted by Brazilian law. It should be offered free of charge by the Unified Health System (SUS) and is permitted in cases where pregnancy is the result of rape, when a pregnant woman’s life is in danger or when fetal encephalopathy is diagnosed.
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