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The law allows the termination of the pregnancy of a rape victim. The government decree, published in the “Diário Oficial da União” last week, says that the medical team is obliged to notify the police of cases of hospitalization of patients when there is evidence or confirmation of a crime of rape.
The 2005 Ordinance established that the Pregnancy Termination Justification and Authorization Procedure was a necessary condition for the adoption of any pregnancy termination measure in the SUS, except in cases of “risk of death for the woman”.
The ordinance published last week also provides for the medical team to offer the rape victim a visualization of the fetus or embryo by ultrasound.
Experts consider that the measure of the Ministry of Health is another instrument of shame and intimidation for the victim of sexual violence.
Signed by the acting Minister of Health, Eduardo Pazuello, the measure was taken amid the repercussions of the case of the 10-year-old girl, a resident of the interior of Espírito Santo, who became pregnant after being raped by her own uncle.
The ordinance requires doctors to report all cases of abortion due to rape to the police
Author of the bill pending in the Senate, Humberto Costa (PT-PE) affirms that the ordinance makes “more restrictive and difficult the access” of the rape victim to the abortion provided by law.
For the senator, former Minister of Health, the text meant “a step backwards in the attention to women victims of sexual violence.”
The PT alleges that the 2005 ordinance already provided for the procedure to justify and authorize the interruption, but it was not applied in cases of risk to the life of the victim.
“Often this decision [de realização do aborto] it is taken in a surgical center quickly, with no time to consult those involved. The new ordinance requires this procedure in all cases of legal abortion ”, says the PT in the justification of the proposal.
The analysis of the bill that repeals the ordinance of the Ministry of Health depends on the inclusion in the voting list of the president of the Senate, Davi Alcolumbre (DEM-AP).
In a meeting of leaders scheduled for this Tuesday (1), the PT bench will defend the inclusion of the issue on the agenda.
In the Chamber, last week, a group of ten deputies – from PCdoB, PT and PSOL – presented a project with the same objective. As in the Senate, it is up to Rodrigo Maia (DEM-RJ), president of the Chamber, to speak in plenary session.
According to the Blog da Andreia Sadi, another line analyzed by the parliamentarians who oppose the measure of the Ministry of Health is to take a request for prescription of the ordinance to the Federal Supreme Court.
Named for the area of promoting the dignity of women that is said to be against abortion
In a note published last week, the Health Ministry said the changes were necessary because the current rules did not comply with the legislation.
Still according to the folder, a decree from the 1940s frames the conduct of a public administration health professional who does not report crimes, such as rape, to the competent authority as an offense.