Why Decriminalization of Abortion in Brazil is Necessary

Across the world, hard-won reproductive rights have been rolled back over the last few years. June 12, 2024, marked a dark day for the fight for reproductive rights in Brazil following the Chamber of Deputies’ approval of urgent consideration of Bill 1904/2024 equating abortion after 22 weeks with homicide. The bill’s author is Evangelical pastor Sóstenes Cavalcante. This bill entails harsher penalties for women seeking to terminate a pregnancy than rapists. Brazil already has some of the strictest abortion laws. If passed, this bill poses catastrophic consequences for women and girls and creates a harmful environment, especially for women from underprivileged backgrounds.

Under Brazil’s current laws, abortion is illegal except in three cases: conception from rape, when the mother faces life-threatening health complications, or if the fetus is diagnosed as anencephalic. Despite their limitations, these exceptions offer some critical protections for women seeking abortion access. Bill 1904/2024, however, criminalizes abortion after 22 weeks under any circumstances, even when the mother’s life is at risk. Abortions after this cut-off date are increasingly rare and usually sought due to fetal anomalies or threats to the mother’s health.

The current sociopolitical climate in Brazil is influenced by the dangerous precedent of the U.S. Supreme Court ruling to overturn Roe v. Wade in June 2022. Conservatism in Brazil is heavily influenced by conservative movements in countries such as the United States, Italy, El Salvador, and France. One of the most tragic examples of the impact of abortion criminalization that we’ve seen this past year alone in the U.S. is a case in the state of Georgia, which follows a six-week abortion ban. Last month, a 24-year-old woman was arrested after being found unconscious and bleeding after suffering a natural miscarriage at approximately 19 weeks of gestation.¹ The police were informed after receiving a tip from an individual who claimed to have seen the woman disposing of fetal remains in the garbage. She currently faces up to 13 years in prison, although the Tift County Coroner deemed the incident a natural miscarriage. A similar case occurred in January, when an Ohio woman named Brittany Watts filed a lawsuit against a local hospital system and the city of Warren. Ms. Watts faced felony charges for “abuse of a corpse” after miscarrying at 22 weeks of gestation. Her nurse reported her to the police after she was denied care despite the pregnancy being non-viable, forcing her to miscarry at home. These cases are harbingers of the devastating implications of denying women bodily autonomy and appropriate medical assistance.

If Brazil moves forward with Bill 1904/2024, we can expect similar human rights violations. The World Health Organization estimates that 45% of all induced abortions are unsafe, with one-third being performed by individuals lacking medical qualifications using dangerous, invasive methods.² Just as American women living in states where abortion is banned cannot travel to states with fewer restrictions unless they have the financial means. On the other hand, Bill 1904/2024 succeeds, wealthier women will be able to travel elsewhere in South America, such as Argentina or Uruguay, while their poorer counterparts will be left vulnerable to life-threatening medical complications brought on by unsafe procedures carried out in desperation.

The international community must remain vigilant and take a stand against Brazil’s attempt to erode reproductive rights. Human rights and reproductive rights organizations must listen to the voices of Brazilian activists, particularly those representing women, girls, and underrepresented communities. Solidarity must also be translated into tangible global advocacy, legal support, and public rejection of laws that threaten women’s bodily autonomy. On a domestic level, the removal of abortion from the Brazilian Penal Code (established in 1940) would be a helpful step in removing the preexisting criminal connotations associated with abortion and allowing its regulation as a public health issue. There should be social, financial, and legal ramifications for biological fathers who refuse to be involved in their children’s lives, as lack of support from a partner is one major reason why many women make the difficult decision to terminate a pregnancy. In terms of the healthcare system, public facilities should be required to provide adequate referral systems with information on available providers. Mental health services are vital to ensuring the well-being of women, mothers, and children, as are recognition campaigns for mental and spiritual health, and the basic right to bodily autonomy. On a societal level, comprehensive sexual education regarding contraception can reduce the number of unintended pregnancies, especially among minors. Defense of reproductive rights in Brazil is not solely a national imperative, but a global responsibility.