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Understand in which situations abortion is allowed in Brazil

One bill which equates penalties for abortion and murder is being processed, as a matter of urgency, in the Chamber of Deputies. At the moment, three forms of abortion are authorized in accordance with current Brazilian legislation.

  • When There is no other way to save the pregnant woman’s life the health of the mother takes precedence over that of the fetus
  • Gestation result of rape is provided for by law, if the mother does not want to continue with the pregnancy, regardless of gestational age
  • Pregnancy of anencephalic fetus a type of fetal malformation that prevents brain development — the STF decision taken 12 years ago ensures the termination of the pregnancy in this case

Any interrupted pregnancy that does not fit into any of these situations involves criminal punishment.

If a woman causes an abortion or authorizes it, the penalty is currently up to 3 years. In a situation where another person causes the abortion without the pregnant woman’s consent, the penalty can reach ten years in prison in a closed regime.

What the project envisages

O bill 1904 aims to equate the penalties applied for the crimes of simple homicide and abortion in cases of pregnancies over 22 weeks. For simple homicide, the penalty provided for by the Penal Code is six to twenty years in prison.

Thus, up to 22 weeks, the current sentences are maintained. Above this limit, there is equality. In cases of rape, in which the pregnancy lasts 22 weeks or more, the project also provides for the application of equality.

Regarding abortion procedures in cases of fetal anencephaly or risk to the health of the pregnant woman, what is currently provided for in the Penal Code remains in place.

Source: CNN Brasil

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