Parliamentarians criticize the judicial activism of the STF in trying to legalize abortion

With the imminent risk that the Federal Supreme Court (STF) will vote on ADPF 442, which intends to decriminalize abortion up to the 12th week of pregnancy, before the retirement of the President of the Court and rapporteur for the action, Minister Rosa Weber, the Parliamentary Front against Aborto promoted, this Thursday (10), a legal debate on “judicial activism” against the life of the unborn child.

>> Be part of the Life and Citizenship channel on Telegram

The seminar with the theme “ADPF 442: The competence of the Legislative Power and Judicial Activism” took place in the Chamber of Deputies and brought together parliamentarians, public authorities, religious people and personalities engaged in the struggle for the rights of the unborn child and the dignity of intrauterine life.

Deputy Chris Tonietto (PL-RJ) was the author of the request for the seminar to be held. “The imminence of the judgment in the STF brings the issue of abortion back into the scope of the debate. Hence the importance of Congress, the legitimate representative of the people, in the exercise of its attributions and in compliance with its constitutional role, debating the matters that are pertinent to it, especially with regard to such a serious issue, ”she said.

The trial of ADPF 442 is on hold at the STF, but can be resumed at any time, if the president of the STF decides to include the issue of abortion on the agenda, before leaving the court on October 2nd.

ADPF 442, authored by PSOL together with the Anis Institute, was presented to the STF in March 2017, and asks that the articles of the Penal Code that treat abortion as a crime be considered unconstitutional. According to the proposal, it would be legal to commit abortion up to 12 weeks of gestation, regardless of the circumstances.

“We protect the right to the inviolability of life. And it scares us to know that the ministers of the Supreme Court do not consider that a 12-week-old unborn child, which is practically perfect and complete in its formation, is considered a non-human and does not deserve protection from its conception”, said Federal Deputy Carol by Toni (PL-SC).

The deputy from Santa Catarina criticized the fact that PSOL had filed a lawsuit in the STF to legalize abortion instead of presenting a bill in the National Congress on the subject. “They know that this National Congress is not in favor of legalizing abortion and never will be. The constant PLs that try to decriminalize abortion are buried”, said the parliamentarian.

Federal deputy Bia Kicis (PL-DF) criticized the advance of the “abortion movement” led by the STF, which should be the guardian of the Constitution. According to her, the “Constitution has to be in force and valid” and the “Constitution defends life”.

“The Supreme Court is advancing once again in our prerogatives and a large part of Parliament is silent, while we are treated by a court that has been carrying out political activity and partisan politics”, said Bia Kicis.

Current Brazilian legislation considers that abortion is a crime in all situations, but provides for three cases in which there is no punishment for those who practice it: risk of death for the mother; pregnancy resulting from rape; or if the fetus has anencephaly. Outside these circumstances, Article 124 of the Penal Code provides for a sentence of one to six years for anyone who performs an abortion on herself or allows others to do so. And Article 126 provides for a penalty of one to four years for those who cause an abortion in a pregnant woman.

Invasion of competences

Senator Eduardo Girão (Novo-CE) referred to the current situation as “dramatic”. He cited the invasion of competences by the STF when wanting to legislate on a subject in which the majority of the population is against. “We no longer have democracy and I attribute that to the Senate that is being silent. Since I took office, I see that the Supreme is in charge in Brazil. It is a power that crushes others,” he said.

Lawyer Lília Nunes dos Santos warned about the “Trojan horse” behind the ADPF and called the STF’s actions “irresponsible”. For the specialist, the Supreme Court acted as legislator in all the actions that are used as grounds for ADPF 442. life in an unrestricted way, erecting the right and interest of the woman as absolute against the right of the unborn child”, he explained.

The jurist Ives Gandra cited the importance of separating the Three Powers and the independence of each one of them, according to their attributions. “The powers are harmonious and independent, the Executive and Legislative powers are representatives of the people, and the Judiciary is a technical power that does not represent the people, it represents the law that does not make it”, he said.

Regarding the defense of the life of the unborn child, Gandra reinforced that the “right to life is inviolable” and the “civil code guarantees the right of the unborn child from conception”. “I guarantee all rights, but don’t I guarantee the right to life? There is a contradiction of the times (…) In fact, there are ministers who consider it an environmental crime to kill the turtles protected by the Itamar project, but do not consider it a crime to kill an unborn child?”, he added.

Representatives of the pro-life movement and the CNBB at the anti-abortion seminar

The priest and president of the Pro-Life Movement of Anapólis, Father Luiz Carlos Lodi, who was sentenced to pay compensation of R$ 10,000 to a doctor whom he called a murderer for performing an abortion, participated in the event. The professional was responsible for performing the abortion of a 22-week-old baby, on a 10-year-old girl, a victim of rape in São Mateus, Espírito Santo.

“Defending that life begins at conception is a fragile argument for confronting abortion. To say that the Constitution protects the unborn child is obvious, but the degree of protection varies, depending on the interpretation of some jurists, who believe that the viability of life happens after a certain month. It turns out that the protection of the right must be given to the weakest, and it should apply from conception onwards”, says Father Lodi.

The auxiliary bishop of Curitiba, Dom Reginei Modolo, participated in the event representing the National Conference of Bishops of Brazil (CNBB). “Let us be careful that it is not a legal means to introduce a new ethics of the Brazilian national regulation. Let us be careful that it is not the right to say who is a person, but it is the right to protect who is a person, ”he said.

Recently, the CNBB issued a letter to the Brazilian episcopate asking for a prayer in favor of the lives of “thousands of innocent little ones”. In the text, the Catholic conference asks that the prayer be said on this 2nd Sunday of August, at the opening of the National Family Week. The bishops propose to pray for those whose mission is to promote and defend life “so that they do not allow themselves to be intimidated by the power of death and by ideologies that exploit the most vulnerable”.