The Constitution, Justice and Citizenship Committee (CCJ) of the Chamber of Deputies postponed once again, this Wednesday (13), the vote on the Proposed Amendment to the Constitution that guarantees the inviolability of the right to life from conception (PEC 164/12).
In practice, the text prohibits legal abortion in Brazil. Several deputies asked to see the proposal (more time for analysis), which ended up postponing the vote.
The Constitution already guarantees all Brazilians and foreigners residing in the country the inviolability of the right to life, but there is no definition of the moment in which this right comes into force.
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Presented by former deputies Eduardo Cunha (RJ) e João Campos (GO) in 2012, the PEC aims to determine that this right applies from the conception of the fetus, and not from the birth of the baby.
In practice, the proposal prohibits abortion in Brazil in situations currently authorized by law. Currently, abortion is permitted in three cases in the country:
- Risk of death for the pregnant woman;
- Pregnancy resulting from rape;
- Fetal anencephaly (brain malformation).
Opinion
The rapporteur, deputy Chris Tonietto (PL-RJ)read his opinion on the admissibility of the proposal, before the vote was postponed.
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“There are no incompatibilities between the proposed change and the other fundamental principles and rules that underpin the current Constitution and our legal system”, stated the deputy.
The collegiate only assesses whether the proposal is in accordance with the Constitution and Brazilian laws. The merits of the change will be discussed later by a special committee.
Discussion
The deputy Jandira Feghali (PCdoB-RJ) recalled that all opinion polls show that Brazilians support the possibilities of legal abortion. “Establishing life from conception prevents legal abortion, even in cases where the mother’s life is at risk, and prevents termination through sexual violence,” he warned.
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“I understand that there are some here who think that a child can be a mother and a rapist can be a father, I’m out of that. Child is not mother. We cannot allow the Brazilian Parliament, on the eve of the G20, to vote on such nonsense”, criticized Jandira.
Opposed to abortion even in cases of rape and anencephalic fetus, Chris Tonietto maintained that the approval of the PEC would not prevent the procedure in cases where the mother’s life is at risk.
“They are talking here about the risk to the mother’s life. In fact, this would not be attacked, affected, for a very simple reason: the real risk to life, the state of necessity, excludes illegality”, he said.
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In vitro fertilization
The deputy Erika Kokay (PT-DF) argued that the measure, if approved, will prevent in vitro fertilization, since, for the procedure to be carried out, many embryos are discarded as part of the process. “The PEC prohibits you from discarding the fertilized egg, saying that it is necessary to preserve life from conception.”
Erika also warned that the change could also harm stem cell research. “Why [as células-tronco] they are also embryonic”, he explained.
The deputy Dani Cunha (União Brasil-RJ)daughter of deputy Eduardo Cunha, countered her colleague and said that the PEC will not prevent in vitro fertilization or egg freezing.
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According to her, the proposal will define that life begins after conception, which can be carried out using scientific methods or be conceived naturally. “Once a scientific method is carried out and successful, the fetus becomes the conception whose life is valid,” he stated.
Dani also said that, regardless of whether the PEC was presented by her father, she was always in favor of the measure. “I have always been and am pro-life and I congratulate the initiative to implement such an important PEC”, he added.
(With Câmara Agency)
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