In a note, the president of the council, José Hiran Gallo, argues that the procedure is a ‘medical act’ and that there are enough professionals to meet public health policies
In a note to “doctors and the population”, this Sunday (19), the president of the Federal Council of Medicine (CFM), José Hiran Gallo, agreed with the votes of ministers against the injunction that would authorize nurses to work in legal abortion procedures. In Brazil, abortions are provided for by law in cases of rape, a risk to the health of the pregnant woman and anencephalic fetuses. On Saturday, the STF formed a majority to overturn the decision of the former president of the STF, who retired this week.
The first dissent to Barroso’s vote was from minister Gilmar Mendes. His vote was followed by Cristiano Zanin, Flávio Dino, Nunes Marques, André Mendonça, Alexandre de Moraes and Dias Toffoli.
In the note, the president of the CFM added that he hopes that in the judgment on the merits, the ministers maintain their position. He argues that there are enough doctors to meet “public health policies determined by the State”.
José Gallo understands that the Judiciary’s decisions must take into account what is provided for in the “medical act”, which is Law 12,842, of 2013. “This is because doctors are prepared to diagnose and prognose diseases, as well as to act in an untimely manner in the event of an adverse event”.
The president of the CFM defended that the authorization of professionals from “other categories” to work in procedures of this type could cause “unpredictable situations, with undesirable outcomes, due to the increase in risks (…)”.
Barroso’s injunction
In the injunction issued by Barroso, on Friday (17), the minister argued that nursing professionals should not be punished in case of involvement in legal abortion procedures.
“It was not possible for legislators in the 1940s to foresee that technology would evolve to the point where pregnancy termination could be carried out safely by professionals who are not doctors”, pondered the minister. For him, the “anachronism of criminal legislation” should not impede the “fundamental rights enshrined in the Constitution”.
The minister, on Friday, also ordered the suspension of criminal and administrative proceedings opened against nurses and the prohibition of creating obstacles to legal abortions. The minister’s decision became valid, but needed to be endorsed by the Court’s plenary.
*With information from Agência Brasil
Published by Nícolas Robert
