Text includes in the Constitution the “right to life from conception”, which would prohibit the procedure in case of rape, for example
The CCJ (Constitution and Justice Committee) of the Chamber approved this Wednesday (27.Nov.2024) the PEC (Proposed Amendment to the Constitution)which opens the way to prohibit abortion in Brazil in all cases – including those provided for by law – and at any stage of pregnancy.
The PEC amends article 5 of the Federal Constitution to include the inviolability of the right to life “from conception”. Let’s go (119 KB – PDF). The text received 35 votes in favor and 15 against.
In Brazil, abortion is permitted in cases of rape, risk to the life of the pregnant woman and anencephaly in the fetus – according to a decision by the STF (Supreme Federal Court).
Now, the text goes to a special commission that needs to be created by the president of the Chamber, (PP-AL), still unforeseen. The CCJ does not analyze the content of the proposal, but rather whether the text follows the principles of the 1988 Constitution.
The text was archived and unarchived 3 times in the House until, in 2019, the deputy (PL-RJ) was appointed rapporteur.
The proposal was unearthed by the president of the CCJ, the Bolsonarista (PL-SC), amid the indictment of the former president (PL) by the PF (Federal Police). The former head of the Executive and his allies respond for allegedly orchestrating a coup d’état after the defeat in the 2022 elections.
VOTING IS INTERRUPTED BY PROTESTS
Deliberation at the CCJ was interrupted after protesters began protests during the session. President Caroline de Toni (PL-SC) tried to contain the situation, but the group did not give in.
He then asked the Legislative Police to remove the protesters from the session. A widespread outcry broke out, with deputies in favor of the text praying a “hail Mary” while the protesters echoed the cry “a child is not a mother. A rapist is not a father.”
The president of the commission then ordered that the session be resumed in the same location, but without the protesters inside the room. Deputies, advisors and the press were allowed to enter. The demonstration continued outside and voting resumed.
UNDERSTAND THE PROPOSAL
The PEC against abortion was presented in 2012 by the former president of the Chamberat the time affiliated with the PMDB (now MDB) in Rio de Janeiro.
Today, the excerpt from the Magna Carta is written as follows:
“Everyone is equal before the law, without distinction of any kind, guaranteeing Brazilians and foreigners residing in the country the inviolability of the right to life, freedom, equality, security and property”.
If the proposal is approved, the will have the following wording (change in bold):
“Everyone is equal before the law, without distinction of any kind, guaranteeing Brazilians and foreigners residing in the country the inviolability of the right to life, from conceptionfreedom, equality, security and property, as follows”.
