Deputy says note on abortion is “very serious” and reinforces PT’s interest

Even after the federal government suspended the Ministry of Health ordinance that allowed abortion for pregnant women up to nine months old, if she claims she was raped and wants to have an abortion, federal deputy Messias Donato (Republicanos-ES) warned about the “very serious” folder positioning.

In a publication in X networkthis Friday (1st), Donato recalled that Lula’s ministry has been defending “legal abortion up to 9 months”, since the beginning of his government last year.

“In a statement sent to the STF, [o Ministério da Saúde] states that they ALREADY excluded the note from the Bolsonaro government that limited the period for abortion in cases of rape and reaffirm that there cannot be a limitation”, warns the parliamentarian.

The MS statement, according to Donato, was presented in the trial of ADPF 442, which aims to decriminalize abortion up to the 12th week of pregnancy, and was presented by PSOL together with the Anis Institute. In the action, they ask that the Supreme Court not consider the embryo as a constitutional person, but rather as an “intrauterine human creature”. In other words, a linguistic strategy to say that these human beings would not be protected by the Federal Constitution until they are born.

The parliamentarian also recalled that “in the note from Nísia and Lula suspended on Thursday (29/2), they argue that “very likely” the unborn child does not feel pain, even at the end of pregnancy, which is enough to repudiate and condemn with disgust and vehemence the Ministry’s position”.

Abortion is a crime in Brazil, not punished in cases of rape and risk to the woman’s life (article 128 of the Penal Code) or when the baby suffers from anencephaly, according to a 2012 decision by the Federal Supreme Court.

The decision to authorize abortion, in cases not punished by law, in any week of the administration, reinforces some of Lula’s previous statements on the subject, which were prohibited from being released in the 2022 elections by the TSE, as they were “out of context”.