Abortion method that CFM banned is used on death row

The induction of fetal asystole, a method used to kill babies in pregnancies longer than 22 weeks, is similar to that used for the death penalty in the United States and for animal euthanasia. The Federal Council of Medicine (CFM) approved a resolution prohibiting the use of the method as it considers that, in addition to being extremely painful, it is unnecessary. Contrary to what abortion advocates say, the ban does not prevent access to the practice in cases of rape. From 22 weeks onwards, it is possible to interrupt the pregnancy by inducing labor with a chance of survival for the baby.

Abortion in Brazil is a crime, not punished in cases of rape, risk to the mother’s life (art. 128 of the Penal Code) and anencephalic fetuses (decision of the Federal Supreme Court).

The exemption from presenting documents proving the occurrence of rape facilitates women’s access to the pregnancy termination procedure, even if it is for reasons other than rape. The Penal Code itself also provides for a prison sentence of one to three for anyone who causes or consents to an abortion (art. 124). Health professionals or other people who cause an abortion outside of the punishment exceptions established by law may also receive a prison sentence of one to four years.

Method increases risks for the mother and nullifies the baby’s chances of survival

“It is so painful that the use of potassium chloride is not even allowed for the sacrifice of animals by veterinarians or even in carrying out the death penalty without general anesthesia”, reports Luis Antonio Ferreira, a doctor specializing in pediatrics. According to him, “once the heart is located, the needle will pierce the unborn child’s chest and heart, followed by the introduction of potassium chloride. This substance in the blood circulation causes blood to stop, but not before causing great pain as if it were burning” (see video at the end of the report).

“People are unaware of how the method is done. In fact, it sometimes takes hours for the obstetrician to get the baby’s heart right because the baby keeps moving. He keeps poking the baby with a giant needle until it hits the heart vessel, seen by an ultrasound. This is the method we are talking about”, explains Raphael Câmara, CFM advisor and rapporteur of the resolution. The World Health Organization (WHO) itself states that the technique for inducing fetal asystole requires “experience for a precise and safe injection” (page 22).

“Feticide is not an indispensable condition for terminating a pregnancy. In fact, it only postpones the interruption until after the feticide, increasing the risks for the pregnant woman by perforating her uterus to kill the baby inside, so that the woman then gives birth to a corpse by vaginal birth or cesarean section”, says Ferreira .

The CFM resolution is clear in prohibiting the procedure “when there is a probability of survival of the fetus at a gestational age above 22 weeks”.

“Is the objective to interrupt the unwanted pregnancy or the new unwanted life?” asks Ferreira. The doctor explains that “at more than 22 weeks the premature baby is capable of surviving outside the uterus and these doctors opt for feticide, before birth, so that the premature baby does not have to be taken to a neonatal intensive care unit where he could be saved.”

For an abortion with an allegation of rape, simply sign forms

According to the Federal Public Ministry, to perform an abortion due to rape, it is not necessary to present a police report or judicial authorization. “The victim must sign forms (at the health unit where they are treated), which will record the fact that occurred, the circumstances, the day and time, etc., in addition to signing a declaration that they were a victim of sexual violence/rape” , points out.

With the slogan “your word is law”, the information can be found on the website “Law of the Next Minute”. The website is part of a MPF campaign to raise awareness about legislation that deals with assistance to victims of sexual violence.

Currently, the law does not establish a time limit for carrying out an abortion in cases of rape. In practice, due to the lack of parameters, abortionists understand that the procedure can be carried out up to the ninth month of pregnancy. But, technically, the word abortion is used for cases in which the unborn child is not yet viable outside the uterus – after that, it is understood that a premature birth is enough. This also explains the legislator’s silence on the issue.

The MPF campaign website itself says that “from a medical point of view, abortion is the termination of pregnancy until the 20th or 22nd week, or when the fetus weighs up to 500g, and some even add when the fetus measures up to 16.5cm. This concept was formulated based on extrauterine fetal viability and is accepted worldwide in medical literature.” However, the information provides permission for no time limit to be followed by adding that “this does not mean that with good technique or some medical indications this limit cannot be extended”.

Exam deadline to confirm rape is 10 days

Chamber emphasizes that the approved resolution does not conflict with current legislation. “In Brazil, it is already allowed to kill a baby up to nine months [nos casos não punidos por lei]. It is not the CFM that allows or does not allow it, it is the legislation [Código Penal] which has been in place since 1940 and parliamentarians are not interested in changing”, he highlights.

Although abortion can be performed at any stage of pregnancy, assistance documents for victims of sexual violence indicate much shorter deadlines for collecting evidence and biological tests that can confirm the occurrence of rape.

The Minas Gerais Civil Police protocol establishes a deadline of 10 days after the crime for carrying out tests on the victims. “The ideal collection is one that is carried out within 72 hours of the date of the attack, however considering literature data that allows the identification of sperm in the vaginal cavity up to 10 days after coitus. Therefore, today we stipulate a period of 10 days after the fact for collecting the trace.”

Movements strengthen the thesis that there is no time limit for carrying out a “legal abortion”

After the publication of the resolution, several abortion movements took legal action against the CFM. Psol parliamentarians presented a legislative decree with the aim of canceling the decision of the Federal Council of Medicine with the justification that the decision would prevent abortions after 22 weeks. The party also filed a request with the Supreme Court against the document.

In another action, the Public Ministry gave 5 days for the CFM to explain the reasons for the decision.

Recently, the Lula government itself became involved in the issue. A technical note presented by the Ministry of Health removed the time limit of 21 weeks and 6 days for carrying out an abortion in the case of rape. After the repercussions, the Minister of Health, Nísia Trindade, canceled the guidance with the justification that the document would not have passed through her.

In a parallel movement, abortion organizations filed a request with the Federal Supreme Court to recognize that there is no time limit for carrying out abortion in non-punitive cases. The petition is signed by the Brazilian Society of Bioethics, the Brazilian Association of Public Health, the Brazilian Center for Health and Studies and the United Network Association.

Watch a video of the method prohibited by the CFM: