The Senate’s Human Rights Commission (CDH) approved, on Wednesday (15), a proposal that prohibits legal abortions after the 22nd week of pregnancy, even in situations currently permitted by legislation and the Federal Supreme Court (STF), such as in cases of rape, risk to the pregnant woman’s life or anencephalic fetuses.
The text, approved symbolically, still needs to be analyzed by the Social Affairs Committees (CAS) and Constitution and Justice Committees (CCJ) before going to the plenary. The proposal amends the Civil Code and establishes that, after the 22nd week, the unborn child has an “inviolable right to a healthy and harmonious birth”.
According to the approved wording, from the 23rd week of pregnancy, abortion will be replaced by early birth, including in cases of serious risk to the mother’s life. In these situations, the text determines that “efforts must be made to maintain the life of the fetus”. The project also provides that the State must defend the rights of the fetus through special trustees and the Public Defender’s Office.
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The proposal was authored by Senator Eduardo Girão (Novo-CE), rapporteur of the text and ally of Senator Damares Alves (Republicanos-DF), president of the commission.
Currently, Brazilian legislation criminalizes abortion, but provides exceptions when there is a risk to the pregnant woman’s life or pregnancy resulting from rape. Since 2012, the STF has also authorized abortion in cases of fetal anencephaly.
No federal rule, however, defines a limit of weeks for the procedure, although court decisions and opinions from the Ministry of Health and the Federal Council of Medicine (CFM) have prevented it from being carried out after the 22nd week.
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In 2023, the STF began the trial on the decriminalization of abortion up to 12 weeks, in an action reported by Minister Rosa Weber, who voted in favor. The trial was suspended following a prominent request from the then President of the Court, Luís Roberto Barroso, and remains suspended until then.
