The Federal Government published this Wednesday (8), in the Official Gazette of the Union, the resolution of the National Council for the Rights of Children and Adolescents (Conanda) with guidelines for legal abortion in children and adolescents.
As anticipated by CNNthe Ministry of Human Rights and Citizenship stated that the publication would be made “in compliance with the Conanda regulations and the determination of the Court”.
It was approved by the Council on December 23, but was suspended by the Courts the following day following a request from Senator Damares Alves (Republicanos-DF).
On Monday (6), judge Ney Bello, from the Regional Court of the First Region (TRF-1), authorized publication in the Official Gazette. He understood that the text is limited to “fulfilling and organizing a right that is already provided for by law”.
Ney Bello also states in the decision that the resolution has the potential to “protect thousands of girls, victims of sexual violence every year, who suffer new violence when seeking support from the State to protect their rights”.
The standard establishes guidelines to guide public authorities in cases of girls victims of sexual violence who seek legal abortion. It does not change the law on abortion in Brazil.
Among the guidelines, for example, is the priority of the child or adolescent’s wishes in cases of disagreement with their legal guardians, with support from the Public Defender’s Office or the Public Prosecutor’s Office.
The approval of the document generated negative repercussions and disagreements even within Conanda. The Council is linked to the Ministry of Human Rights and is made up of representatives from the government and civil society.
The resolution was approved by 15 votes in favor and 13 against, all from government representatives. At the time, the Ministry released a note stating that it “insistently questioned” the terms of the resolution and made a request for review — which suspends the discussion for a few days.
Civil society representatives who are part of the Council responded by accusing the Ministry of using “delay strategies” in drafting the resolution.
