Judge Rosa Weber, President of the Supreme Court of Brazil, this Thursday during a trial at the courthouse in Brasilia.Andre Borges (EFE)
The president of Brazil’s Supreme Court is ending her final days in office looking to leave her mark on an issue as important as it is controversial. Judge Rosa Weber voted this Friday to decriminalize abortion up to the 12th week, resuming deliberations on a case in which Brazil may no longer be the only one of the major Latin American countries where voluntary abortion is still limited to three Assumptions are limited. This decision by Weber in a case for which he is speaking is part of his farewell. He will be forced to retire next week when he turns 75. Evidence of how sensitive the issue still is is the fact that the hearing was adjourned immediately after the judge’s decision and debate will resume at an unspecified date.
In her decision, the judge emphasized that “when looking at the world from the perspective of women, motherhood should not be based on social coercion (…), but on the free exercise of self-determination to shape their life project.” Weber wanted his position make clear in a case that has been before the Supreme Court for six years. And this at a time when it is likely that Weber will be replaced by a man and only one woman will remain among the eleven robes.
For seven decades, Brazilian women have had the option to terminate their pregnancy in the event of rape or a threat to the pregnant woman’s health. And this has been the case since 2012 and thanks to a court ruling in the event that the fetus is missing a brain.
Anthropologist Débora Diniz, one of the main references on the issue of abortion in this country, declared early Friday: “Brazil is closer than ever to decriminalization.” The latest national survey shows that one in seven Brazilian women has at least one pregnancy before the age of 40 has broken off. Around half a million abortions are performed every year. The majority in secret. Black Brazilian women are 46% more likely to undergo an unsafe process. There are very few legal ones, about 2,000 per year.
Diniz considers Judge Weber’s vote to be “very solid” and makes it clear that the Criminal Code contradicts the Constitution in this area. The expert emphasizes that the verdict responds to the main controversies on the subject, but emphasizes that “we have to wait for the trial”. Whether it will resume in a few weeks, months or years is uncertain.
Although Brazil was a pioneer in America by establishing abortion rights in 1940, it has fallen far behind in the fight for reproductive rights in recent years due to the ultra-conservative wave that brought retired military man Jair Bolsonaro to power. While Bolsonaro isolated Brazil from the world, forged a political alliance with the evangelical churches and restricted rights, decriminalization in Argentina, Colombia and Mexico progressed rapidly thanks to strong feminist mobilization.
The Argentine Senate legalized it at the end of 2020 until week 14. Colombia’s Supreme Court gave the green light until week 24 in 2022. And unanimously, Mexico’s highest court just legalized it throughout the territory this month.
The case that Weber spoke about last night goes back a long way. It is a lawsuit brought by the left-wing Socialism and Freedom Parties (PSOL), which has been heard in the Supreme Court since 2017.
As experts warn, even in obvious cases such as rape, many Brazilian women are unaware that they have the right to a safe and free abortion in the public health system. Even the doctors and nurses treating them often do not inform them about this possibility. And then there is the deep-rooted conservatism that places the embryo above all other considerations. Every now and then, shocking cases come to light, such as that of an 11-year-old girl who recently gave birth to a second child as a result of the rape of a relative.
Abortion rights are a politically toxic issue in Brazil. During the 13 years of government of the Workers’ Party (PT), the only progress was to approve it in cases of anencephaly, and this was a judicial decision. During the last election campaign, Luiz Inácio Lula da Silva insisted on the position he has held for years: it is about public health and he is personally against it. He has never championed the cause like Argentina’s Alberto Fernández because he knows that in today’s Brazil that is a recipe for losing voter support.
Before retiring, Weber wanted to ensure that the court addressed several important issues: abortion rights, the first trials over the attempted coup last January and the rights of indigenous people to the land on which their ancestors lived before 1988.
Weber’s replacement has led to an intense and ingenious campaign by black and feminist movements for President Lula to appoint a woman, preferably black, to fill the office. He insists he is looking for someone in whom he has the greatest confidence, and all indications are that he will appoint a second man, as he did in June when he rewarded the lawyer who got him out of prison . In this case there would only be one judge on the Supreme Court.
A fact that is anything but trivial when the highest court debates whether abortion should be decriminalized. The Supreme Court is currently the only way to achieve this goal because the current Congress is the most conservative in history.
In one of her first interviews after taking office as Minister for Women, Cida Gonçalves openly warned of the risk of losing what has been achieved if the issue ended up in the parliamentary chambers: “As it is being raised today by Congress, in any case “We will lose more than we gain by discussing abortion.” The minister added: “We will move forward as far as possible.” Now if we want to go back, it is better to ensure what is already guaranteed by law.”