Feminists overturn motion to repudiate court that authorized abortion

The Women’s Commission in the Chamber of Deputies rejected, by 9 to 6, the motion to repudiate the Court of Justice of Paraná that authorized doctors to perform an abortion of a baby with Edwards syndrome. The request was presented by Deputy Diego Garcia (Republicans/PR). The session was marked by disagreements between conservative parliamentarians and PSOL and PT deputies.

Authorization by the court of Paraná to perform the abortion was granted, in July this year, to a mother who discovered her son’s illness at 5 months of pregnancy. Upon discovering that her baby had Edwards syndrome, which is associated with malformations in various organs, she resorted to the Public Defender’s Office to have an abortion.

The decision was taken by analogy with the understanding of the Federal Supreme Court (STF) that authorized the abortion of anencephalic fetuses – that is, even without the STF decision expressly saying that Edwards syndrome would authorize abortion, the Paraná court understood that it could make an analogy, because the child was unlikely to live outside the womb and because anencephaly is a common effect of the disease.

In justifying the request, Garcia mentions that the Public Prosecutor’s Office was in favor of the DPE-PR’s request, but the judgment of the Jury’s Court denied the request, in flagrant disrespect for the right to life. The defender even pointed out cases, albeit rare, of children with Edwards syndrome who survived. However, when taking the case to court, she claimed that, in this specific case, “three specialist doctors” would have affirmed “the unfeasibility of extrauterine life”.

“Abortion of a child with Edwards Syndrome is clearly related to euthanasia. If the decision to kill stems from a low life expectancy, an elderly person can adhere to the same process. Not considering the right to life of a person with disability and rare disease, in addition to being eugenics, it is a disregard for the right of the child”, explained the deputy in the request.

Deputy Sâmia Bonfim (PSOL-SP) said that the discussion has nothing to do with “eugenics or debating the possibility of abortion for a child with a disability”. According to her, the case under discussion shows that the baby would have no chance of survival.

“Different reports show that there is no possibility of life, and they propose that the court’s decision be repudiated, which is based on a decision of the STF, which says that in cases like this it will be permanent torture for the woman, she will give birth to a dead baby,” he said.

During the hearing, the deputy from Paraná countered the feminists’ criticisms and showed a profile with several people who survive with Edwards Syndrome. “When there is this diagnosis, all children are doomed, but what do I say to these people who survive with this rare disease? There are many people alive,” he said.

Garcia also reinforced that it is necessary to ensure in Brazil “the right to life of people with disabilities and rare diseases”. “Otherwise, we are going to move towards countries like Spain, where children with Down Syndrome are no longer born, because even in prenatal care, mothers are advised to have an abortion and this has to end”, she said.