Judges are investigated by the CNJ for preventing a second abortion in a girl victim of abuse

The national inspector of justice, Luís Felipe Salomão, ordered the opening of an administrative disciplinary process to investigate the conduct of judges Maria Luiza de Moura Mello e Freitas and Elfrida Costa Belleza Silva, and judge José James Gomes Pereira, in a case that involved the denial of the right to legal abortion to an 11-year-old girl victim of rape.

The judges, currently in the 1st and 2nd Court of Children and Youth of the Court of Justice of Piauí, in Teresina, were the target of disciplinary action due to the refusal of the pre-teen’s request for a legal abortion when both were in the 1st Court. This court is responsible for granting protective measures and handling cases related to guardianship, custody and adoption.

Judge José James Gomes Pereira, former president of the Electoral Court of Piauí, is also being investigated for his stance in the case.

The complaint was formally registered by Anis – Instituto de Bioética and by parliamentarians, pointing out irregularities in the process.

The victim, resident in a rural area of ​​Teresina, became pregnant for the second time after suffering sexual violence. Even with her right guaranteed by Brazilian legislation, she was prohibited from having an abortion. The complaint highlights that the girl was forced by a doctor to carry the pregnancy to term.

Brazilian legislation allows abortion in cases of risk to the woman, fetal anencephaly and pregnancy resulting from rape. In one of the excerpts of the process, it is highlighted that “according to reports, judge Maria Luiza de Moura had appointed a public defender to defend the interests of the fetus”.

Later, Elfrida Costa approved the abortion, but the judge again took a stance against it.

Anis and parliamentarians argue that the judges and the judge acted seriously and that “reinforces the harmful statistics of a sexist culture and daily violence against girls and women”. The document highlights that the magistrates acted based on moral, religious and ideological motivations, as opposed to the application of the law.