In Brazil, abortion is illegal except in three cases: risk to the life of the pregnant person, anencephaly (a severe fetal brain condition), and rape. In these situations, there are no time limits for seeking an abortion.
However, a new bill pushed by Brazilian conservatives aims to classify all abortions performed after the 22nd week of pregnancy as homicide, punishable by up to 20 years in prison.
Currently, rape carries a prison sentence of up to 10 years in Brazil, or up to 12 years if severe physical violence is involved. Critics highlight that under the new bill, a victim of sexual abuse who has a late abortion could face twice the prison time as their abuser.
When news broke that this legislation, known as Bill 1904, had been granted emergency status for debate and voting in Brazil’s lower house, protests erupted in major cities across the country.
Much of the public outrage focuses on the bill's impact on rape victims, especially children. In 2022, Brazil recorded 75,000 cases of rape, the highest number on record, with over 60% of the victims being children under 13.
Despite current legal protections for child rape victims, 38 girls aged 14 or younger give birth in Brazil every day, according to the Minister of Women, Cida Gonçalves. This number is expected to rise if the new law is passed.
While children under 18 cannot be held criminally liable in Brazil, the new law would likely further restrict rape victims' access to abortion services. There have always been significant barriers to accessing abortions in Brazil, worsened by former far-right President Jair Bolsonaro's policies.
The bill, now with emergency status, could be voted on at any time. If passed by the lower house, it would then need approval from the Senate and the signature of leftist President Luiz Inácio Lula da Silva, who has condemned the proposed punishments as “insane.”
Public protests and continued demonstrations over the weekend are putting pressure on Congress. Both the speaker of the lower house, Arthur Lira, and the bill’s author, Sóstenes Cavalcante, have indicated there is no rush to schedule the vote.
Initially, Lula’s Workers Party did not take a strong stance against the bill, emboldening conservatives. However, following significant public backlash, the party is now reaching out to right-wing legislators to try to delay or shelve the vote.
openDemocracy has provided a translated draft of the bill’s proposed changes to the law to give English readers an insight into how anti-abortion advocates are using legal strategies to restrict women's rights.