The minister of the (Federal Supreme Court), suspended on Thursday (13) the trial on voluntary sterilization. The case discusses in the country.
Requests of view must be returned to the board within 90 days. Otherwise, they will be automatically released for the continuation of the trial.
O, with the vote of Cristiano Zanin, and continued this Thursday. So far the score is in 4 votes against 3.
They voted to fix that people over 18 can do voluntary sterilization procedure, regardless of the number of children, the rapporteur, minister, and ministers Flávio Dino, Luiz Edson Fachin.
They understand that people over 18 have legal rights and duties and therefore can decide to undergo surgery.
It opened divergence to maintain the current rules. He was accompanied by Alexandre de Moraes and Luiz Fux.
The divergent current argued that the legislator can define different criteria from full civil capacity, defined at 18, especially an irreversibility procedure.
In this session, Kassio Nunes Marques readjusted the vote given to join Zanin’s proposal. At first, the rapporteur kept the legal text for the interval from 18 to 21 years. That is, in these cases two living children should be required for the authorization of the procedure.
Today, anyone 21 years of age (regardless of the number of children) or who has at least two children can do the procedure. For this, it will, however, need to wait at least 60 days between order and surgery.
The stretch that speaks of the need to have two living children is an alternative point to the minimum age. That is, if a person has two living children at age 19, he is able to sterilize.
Although also addressed to men, the previous rule of 1996 was especially criticized with regard to. The norm dictated that, in marital relations, sterilization surgeries.
The theme arrived at the Supreme in 2018 through a PSB action against excerpts from conditions such as age over 25 years or two living children and express authorization of both spouses for voluntary sterilization.
The caption argues that it is not up to the State to interfere with family planning. The PSB calls for the removal of the obligation of descendants and the reduction of the minimum age to 18 years.
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