MPF gives 5 days to Federal Council of Medicine to explain resolution on abortion

The Federal Public Ministry (MPF) gave the Federal Council of Medicine (CFM) a period of five days to explain Resolution No. 2,378/24, which prohibits the practice of fetal asystole for abortion after 22 weeks of gestation in cases of rape . In a note, the MPF stated that it wants to know the technical and legal basis used by the CFM to prepare the standard.

“Brazilian legislation, however, does not set any pregnancy period for women to request the procedure. The right to abortion is legally guaranteed at any stage of pregnancy when it is the result of sexual violence, as well as in cases of fetal anencephaly and risk to the woman’s life”, highlighted the Federal Public Ministry, in a note.

Abortion is a crime in Brazil, but it is not punished in cases of pregnancy resulting from rape, risk of death for the mother, or when the baby is diagnosed with anencephaly.

The letter was forwarded to the president of the Council, José Hiran da Silva Gallo. The document is signed by attorneys from the Republic of São Paulo and Rio Grande do Sul.

The prosecutors reinforced that the deadline for the CFM’s response is short due to the “urgency of the specific case” and to “ensure the speed and resolution of the Federal Public Ministry’s actions in protecting collective interests and rights”.

The text of the CFM resolution cites articles from the Federal Constitution, the Penal Code and the Universal Declaration of Human Rights, which reinforce the “inviolable right to life and that no one will be subjected to inhuman or degrading treatment”.

The CFM’s decision comes after the Ministry of Health published a technical note that authorized abortion in cases of rape for up to nine months, with the possibility of fetal asystole. Amid criticism of the measure, the measure was revoked.