By JULIANA SALLES*
PEC 164 represents an even deeper attack on women's rights than PL 1904 itself.
After the municipal elections, it was expected that the Bill (PL 1904) would be reintroduced, which restricts the right to legal abortion after 22 weeks and criminalizes patients and professionals. A Bill that widens the gap between the need to guarantee policies for the protection and health of women and children, and what is actually offered in our State, and further criminalizes and victimizes those who need security and health services.
But Congress also revived a Constitutional Amendment Bill (PEC 164/2012) by Eduardo Cunha, approved on 27/11 by the CCJ, which foresees including in the Federal Constitution the “inviolability of the right to life from conception”. In other words: this proposal would make all cases of abortion currently provided for by law in Brazil unfeasible! All legal abortion possibilities permitted (violence/rape, anencephaly and risk to the life of the pregnant woman) would be criminalized, as would stem cell research and in vitro fertilization.
PEC 164 represents an even deeper attack on women's rights than PL 1904 itself.
At the same time, the lack of justification was exposed – in addition to the fundamentalism of the São Paulo city government – for the closure of the legal abortion reference service at the Vila Nova Cachoeirinha Hospital and Maternity and School in SP, decided by Mayor Ricardo Nunes, who was reelected!
In the electoral debates, the excuse used by the mayor was that the decision to close the legal abortion service was to clear the queue for endometriosis surgeries. This excuse no longer holds up. The queue has been cleared in the municipality and the service has not yet been reopened.
We heard about an investigation opened this November by the Federal Public Ministry against CREMESP (São Paulo Regional Medical Council), due to the persecution of medical professionals in this service.
These changes in legislation and service provision are not based on an assessment of the reality in which working class women and girls live!
In 2023, Brazil recorded a rape every six minutes – the highest number in the historical series of the Brazilian Public Security Yearbook, which has been tracking this data since 2011. Of the 83.988 victims, the largest percentage were girls (88,2%), black women (52,2%) and aged 13 or under (61,6%). Most of these victims are raped by family members or acquaintances (84,7%) inside their own homes (61,7%).
Every year, thousands of these girls become pregnant in Brazil. In 2021, 17.456 live births were recorded for girls up to 14 years old, and, in 2023, preliminary data indicate that this number was also alarming, with 13.909 live births.
The World Health Organization (WHO) indicates that complications during pregnancy and childbirth are the second leading cause of death among young people aged 15 to 19 worldwide. In Brazil, data indicate that, between 2018 and 2023, one girl or adolescent (10-19 years old) died every week due to complications related to pregnancy.
The advance of the far right in this year's election results has intensified the support of legislative projects and changes in public health that represent setbacks and pose a greater risk of worsening this horrifying scenario.
To confront this offensive, initiatives such as the Front in Defense of Reproductive Rights Workers must follow, which on November 4th held a debate around the release of the documentary “Incompatible with Life”. There is also a call for a public hearing by Federal Deputy Sâmia Bonfim (PSOL) to be held on November 28th in the São Paulo City Council with the theme “Violation of the right to legal abortion in the city of São Paulo”. The fight will continue!
Bill 1904 was the target of protests with massive demonstrations by women and young people. Let us remain mobilized and vigilant: only in the streets can we defeat this offensive by the National Congress against the right to abortion. Down with Bill 1904, down with PEC 164!
*Juliana Salles is a doctor, director of the São Paulo Doctors' Union (Simesp) and the Unified Workers' Central (CUT).
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