In Brazil, a series of recent events have increased the risks to reproductive rights, especially with regards to access to abortion. A shocking case involving a 13-year-old girl in Goiás, who was raped and subsequently denied a legal abortion, has drawn national attention. A judge stepped in, banning any approach that might cause the fetus to die in her case. This case is a tragic example of a new national trend of increasing abortion restrictions and surveillance.
The situation is further complicated by the actions of São Paulo’s mayor, who halted abortion procedures at the city’s main hospital for such services. The mayor’s position is consistent with his support for the former President, Jair Bolsonaro, who is known for being a vocal anti-abortion leader. Bolsonaro’s administration led to sweeping attacks on reproductive health and rights in Brazil. Most notably, Debora Diniz and other experts attribute these changes to the current climate of limited access.
As an academic based in the capital, Professor Diniz has been a vocal critic of these incursions. What’s more, she argues, the draconian steps taken to limit abortion access are a ripple effect of Bolsonaro’s government. Diniz herself was forced to leave Brazil in 2018 after facing death threats for her activism to decriminalize abortion.
This comes on the heels of the federal medical council’s ban on the safest abortion technique, as prescribed by the common abortion practice for pregnancies exceeding 22 weeks. Critics contend that this council is run by loyalists of Bolsonaro. This ban further complicates the already severe anti-abortion context in Brazil.
Public hospitals and clinics in the city of Rio de Janeiro are required to post anti-abortion signage after the passage of a local law. These signs contain messages aimed at dissuading women from considering abortions, such as “Did you know that the unborn child is discarded as hospital waste?” Such initiatives have sent up red flags among advocates for women’s rights.
According to recent national data, only 4% of Brazilian municipalities have the structures and trained staff able to carry out legal abortions. In Goiás, the state governor recently announced a proposal to require women who want an abortion to first hear the fetus’s heartbeat. A congressman from the governor’s party has proposed a bill that would impose penalties of up to 20 years in prison for abortions performed after 22 weeks, even in cases of rape or where the mother’s life is at risk.
Abortion remains legal in Brazil only under specific circumstances: cases of rape, when the pregnant person’s life is endangered, or if the fetus has anencephaly, a fatal brain disorder. Yet, with the continued push of bad faith legislative efforts and those with regressive ideologies, advocates worry that these already watered down rights would be whittled away even more.
Diniz articulates her frustration with the current legal climate, stating, “This law is perverse because it is based on a false narrative of ‘care’ for women and girls when in fact it is persecuting them.” She argues that the legacies of authoritarianism endure past individual regimes. “Authoritarian governments in Latin America have a particular trait: they don’t just disappear when their leader leaves office. Bolsonaro may be out, but those loyal to him and his philosophy have taken over institutions such as the federal medical council.
As these developments unfold, many Brazilians remain concerned about the implications for reproductive rights and women’s health in the country. The heightened limitations represent an important inflection point for reproductive liberties in Brazil. Yet, they raise alarming questions about the future of women’s rights in our country.