The Bolsonaro federal deputy (PL-SC) used a draft resolution from Conanda (National Council for the Rights of Children and Adolescents) to try to prevent the body from dealing with legal access to children and adolescents who are victims of sexual violence.
The draft says that access to legal abortion is a guarantee of the rights to health, life and physical and psychological integrity and highlights that pregnancy among minors is a process that represents a high risk and brings significant social impacts to their development.
In Brazil, rape is a risk to the woman’s life and fetal anencephaly. In none of the cases is there a gestational time limit for carrying out the procedure.
The draft ended up being used by Bolsonarists to revive the discussion on the topic. Project filed by Zanatta wants to prevent Conanda from dealing with issues related to abortion for children and adolescents and determines that the matter is the responsibility of Congress.
In her justification, the deputy states that abortion “is an issue of high sensitivity and controversy in Brazil, and its regulation directly involves constitutional, religious, ethical and social aspects, which require broad discussion and the effective participation of representatives elected by the people. “
“Thus, allowing an advisory council to discuss and potentially influence topics of this nature may go beyond its role, which is to assist in the formulation of public policies without making decisions in areas of exclusive competence of the Legislative Branch”, he writes.
“This bill aims to ensure that Conanda respects the limits of its legal powers, focusing its discussions on policies to protect and promote the rights of children and adolescents, without advancing issues of a legislative nature, such as abortion.”
In the middle of the year, the second vice-president of the Chamber, (PL-RJ), proposed a change in the Penal Code for when there is , presumed after 22 weeks of pregnancy.
On another front, Zanatta filed a request for information with the Minister (Human Rights) about “a report published in the press that Conanda is considering allowing abortion for children up to nine months of gestation.”
In addition, he requested the presence of the body’s president, Marina De Pol Poniwas, at the Chamber’s Social Security, Social Assistance, Childhood, Adolescence and Family Committee to speak about the resolution.
In a note, Conanda reported that, at the request of the council president, “the draft resolution continues to be assessed and improved, and should be included on the agenda after the work is completed.”
Lawyer Ariel de Castro, former national secretary for the Rights of Children and Adolescents, assesses that the project filed by Zanatta is unconstitutional “since it aims to prohibit Conanda from discussing and deliberating on national policies for the promotion, defense, protection and guarantee of rights of children and adolescents based on the Child and Adolescent Statute and the Federal Constitution.”
“But it is clear that Conanda must respect the legal and constitutional limits on abortion, which are cases of risk to the lives of pregnant women, pregnancies resulting from rape and fetuses with anencephaly (STF summary). And the resolution that is being discussed is respecting that”, he says.
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