Abortion in Brazil
Encyclopedia
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
. 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. The base penality 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. Criminal penalities fixed in four years or less can be converted to non-incarceration punishments, such as community service and compulsory donation to charity.
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.
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.
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".
performed an abortion on her on March 4, after realizing that she could die if the pregnancy was to be continued. The Code of Canon Law establishes automatic excommunication, without need of any solemn declaration - latae sententiae -, to everybody who procures an abortion. 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. However, the distinguished Archbishop did not excommunicate the father who had put the life of the 9 year child by raping and impregnating her. President Luiz Inácio Lula da Silva
criticized the Archbishop, who responded by advising the President to study some theology
.
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
can only be legally performed in Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
if the pregnancy
Pregnancy
Pregnancy refers to the fertilization and development of one or more offspring, known as a fetus or embryo, in a woman's uterus. In a pregnancy, there can be multiple gestations, as in the case of twins or triplets...
puts the life of the woman in danger or if the pregnancy is the result of a rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
. 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. The base penality 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. Criminal penalities fixed in four years or less can be converted to non-incarceration punishments, such as community service and compulsory donation to charity.
Brazil is a signatory of the American Human Rights Convention. The Convention grants the right to life
Right to life
Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being...
to human embryos, "in general, from the moment of conception
Fertilisation
Fertilisation is the fusion of gametes to produce a new organism. In animals, the process involves the fusion of an ovum with a sperm, which eventually leads to the development of an embryo...
", and has a legal status on a par with the Constitution
Constitution of Brazil
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...
in Brazilian Law
Brazilian law
Brazilian law derives from Portuguese Civil law and is based on statutes and, partly and more recently, súmula vinculante . The Federal Constitution, in force since October 5, 1988, is the supreme law of the country and is the characterized by its rigid written form...
. 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
Embryo transfer
Embryo transfer refers to a step in the process of assisted reproduction in which embryos are placed into the uterus of a female with the intent to establish a pregnancy...
do not hold fundamental rights
Fundamental rights
Fundamental rights are a generally-regarded set of entitlements in the context of a legal system, wherein such system is itself said to be based upon this same set of basic, fundamental, or inalienable entitlements or "rights." Such rights thus belong without presumption or cost of privilege to all...
and may be manipulated for research purposes.
Incidence
A 1991 World BankWorld Bank
The World Bank is an international financial institution that provides loans to developing countries for capital programmes.The World Bank's official goal is the reduction of poverty...
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
World Health Organization
The World Health Organization is a specialized agency of the United Nations that acts as a coordinating authority on international public health. Established on 7 April 1948, with headquarters in Geneva, Switzerland, the agency inherited the mandate and resources of its predecessor, the Health...
believes that this may be an underestimate.
Public opinion
A March 2007 Datafolha/Folha de S. PauloFolha de S. Paulo
Folha de S. Paulo, known simply as Folha , is a Brazilian daily newspaper founded and continuously published in São Paulo since 19 February 1921. Owned by the Frias de Oliveira family since 1962, it has Brazil's largest circulation since 1986. Alongside O Globo and O Estado de S...
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".
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 RecifeRecife
Recife is the fifth-largest metropolitan area in Brazil with 4,136,506 inhabitants, the largest metropolitan area of the North/Northeast Regions, the 5th-largest metropolitan influence area in Brazil, and the capital and largest city of the state of Pernambuco. The population of the city proper...
performed an abortion on her on March 4, after realizing that she could die if the pregnancy was to be continued. The Code of Canon Law establishes automatic excommunication, without need of any solemn declaration - latae sententiae -, to everybody who procures an abortion. Archbishop José Cardoso Sobrinho
José Cardoso Sobrinho
José Cardoso Sobrinho is the Archbishop Emeritus of the Roman Catholic Archdiocese of the cities of Olinda and Recife in the Brazilian state of Pernambuco....
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. However, the distinguished Archbishop did not excommunicate the father who had put the life of the 9 year child by raping and impregnating her. President Luiz Inácio Lula da Silva
Luiz Inácio Lula da Silva
Luiz Inácio Lula da Silva , known popularly as Lula, served as the 35th President of Brazil from 2003 to 2010.A founding member of the Workers' Party , he ran for President three times unsuccessfully, first in the 1989 election. Lula achieved victory in the 2002 election, and was inaugurated as...
criticized the Archbishop, who responded by advising the President to study some theology
Theology
Theology is the systematic and rational study of religion and its influences and of the nature of religious truths, or the learned profession acquired by completing specialized training in religious studies, usually at a university or school of divinity or seminary.-Definition:Augustine of Hippo...
.
See also
- AbortionAbortionAbortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
- Abortion by country
- Abortion lawAbortion lawAbortion law is legislation and common law which pertains to the provision of abortion. Abortion has been a controversial subject in many societies through history because of the moral, ethical, practical, and political power issues that surround it. It has been banned frequently and otherwise...